Alcocer v. Roe
Alcocer v. Roe
Opinion of the Court
MEMORANDUM
California state prisoner Victor Alcocer appeals pro se from the denial of his habeas corpus petition, challenging his conviction for attempted murder and assault with a deadly weapon. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.
Alcocer contends that the evidence was insufficient to support the jury’s verdicts, because there was no proof that the handgun he used was operable.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. The state points out that the only aspect of operability Alcocer presented to the California Supreme Court was whether the firearm was loaded. We are permitted, however, to reject petitioner’s unexhausted claim on the merits. 28 U.S.C. § 2254(b)(2).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.