Opinion
NOT TO BE PUBLISHED
ORIGINAL PROCEEDING in habeas corpus from a judgment of the Superior Court of Los Angeles County No. BA217941, Larry P. Fidler, Judge.
Edward J. Hagerty, under appointment by the Court of Appeal, for Petitioner.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Mary Sanchez and Corey J. Robins, Deputy Attorneys General, for Plaintiff and Respondent.
COOPER, P.J.
While his appeal from a conviction of the murder of Randy Morales (and another murder) was pending (B193733), petitioner Javier Marquez filed this petition for habeas corpus, raising an issue arising outside the appellate record. The issue is whether petitioner was deprived of due process with respect to the Morales murder because an accomplice in that offense, George Vidales, testified at trial under a plea agreement that petitioner contends compelled Vidales to testify in accordance with an interview statement he previously made to police. (See People v. Medina (1974) 41 Cal.App.3d 438, 449-455.) The same issue regarding Vidales’s plea agreement was also before us in the appeal of another principal in Morales’s murder, at whose trial Vidales also testified. (People v. Reyes (July 28, 2008, B186285) __ Cal.App.4th __ (Reyes)). We issued an order to show cause, and received respondent’s return and petitioner’s reply to it. The matter was argued concurrently with petitioner’s appeal.
As petitioner requests, we take judicial notice of the records of his appeal and the Reyes appeal.
In Reyes, supra, __ Cal.App.4th __, we hold that Vidales’s plea agreement did not unconstitutionally taint his testimony. For the reasons stated in Reyes, we conclude that the present petition is unmeritorious.
The petition is denied.
We concur: RUBIN, J., FLIER, J.