Rafael Cabral v. George Smith, Warden Attorney General of the State of California

77 F.3d 488 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rafael CABRAL, Petitioner-Appellant, v. George SMITH, Warden; Attorney General of the State of California, Respondents-Appellees. No. 93-56360. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 13, 1995. Decided Jan. 5, 1996. Before: SCHROEDER, FERGUSON, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 Petitioner Rafael Cabral, a California state prisoner, appeals the district court's denial of his 28 U.S.C. § 2254 petition for writ of habeas corpus. Following a jury trial, Cabral was convicted of second degree murder and sentenced to a term of fifteen years to life. On appeal, he argues that his conviction was not supported by a jury verdict, and therefore violated his constitutional rights to due process and a fair trial. We review the district court's denial de novo, Calderon v. Prunty, 59 F.3d 1005, 1008 (9th Cir.1995), and affirm. 3 Cabral's conviction for second degree, rather…