Sifuentes
Sifuentes v. Brazelton
Opinion
Lead Opinion
Hamilton, J.
ORDER CONDITIONALLY GRANTING PETITION FOR WRIT OF HABEAS CORPUS
Petitioner Miguel Galindo Sifuentes, a California prisoner currently incarcerated at Pleasant Valley State Prison, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 . Respondent P. Brazelton filed an answer on April 26, 2013, and Sifuentes filed a traverse on June 24, 2013. The court determines that the matter is suitable for decision without oral argument. Having reviewed the parties’ papers and the record, and having carefully considered the relevant legal authorities, the court CONDITIONALLY GRANTS the petition.
BACKGROUND
I. Factual Summary
The following summary of the evidence presented at trial is taken directly from the opinion of the court of appeal affirming Sifuentes’s judgment and conviction. Mot. Dismiss, Ex. 1 (People v. Vasquez, et al., No. A102559 (Cal.Ct.App. Jan. 31, 2006)) (“Slip op.”).
At approximately 10:50 p.m. on December 11, 1998, defendants Ruben Eliceo Vasquez, Hai Minh Le and Miguel Galindo Sifuentes went into the Outback Restaurant in Dublin to commit a robbery. Si-fuentes entered the restaurant and asked for a table. He told the server that he was waiting for…