Frank GUTIERREZ, Petitioner-Appellant, v. J.W. FAIRMAN, Jr., Warden; Attorney General of the State of California, Respondents-Appellees

MEMORANDUM

The rule announced in People v. Martinez, 20 Cal.4th 225, 83 Cal.Rptr.2d 533, 973 P.2d 512 (1999) was not applied retroactively. AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.