Facts

Plaintiff Luis Mendoza filed an amended petition for writ of habes corpus and challenged his 1995 conviction for two counts of first degree murder, two counts of attempted and premeditated murder.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that the evidence established he acted in a heat of passion, or negated a finding of premeditation and deliberation, entitling him to lesser offenses of manslaughter and attempted manslaughter or second-degree murder and attempted second degree murder.

DEFENDANT'S CONTENTIONS: Defendant alleged that the rejection of plaintiff's claim is reasonable because plaintiff admitted it was his idea to switch cars so that they would not be recognized. Plaintiff drove the car to search for Noreno gang members and followed his accomplice, Pedro Mendoza's directional instructions to obtain a good head-shot. Mendoza shot the Norteno driver resulting in the Nortenos car crashing. Defendant contended that plaintiff admitted that there was a discussion about killing the rival gang members prior to leaving to search for the Nortenos.

Result

Plaintiffs amended petition for writ of habeas corpus is denied