The following excerpt is from Kirk v. Felker, No. CIV S-07-2521 GEB GGH P (E.D. Cal. 2011):
While deliberating, the jury requested a readback of the testimony concerning when the foreman turned the notes of sale over to the prosecutor. One hour later, the jury returned a guilty verdict on the count alleging possession of the stolen truck. The jury deadlocked on the unlawful taking or driving charge. In a bifurcated bench trial, the court found true that defendant had served five prior prison terms. The court sentenced defendant to a nine-year aggregate prison term.
People v. Kirk, 2006 WL 1283922 *1-2 (Cal. App. 2006).
Without indenting and inserting different quotation punctuation, and with bracketed material added, the undersigned quotes from the pertinent case, Cheny v. Washington, 614 F.3d 987, 993-995 (9th Cir. 2010):
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