Richard Sanchez v. Louis S. Nelson, Warden

Appellant, in state custody following his conviction for a narcotics offense, appeals from an order denying his petition for federal habeas relief.

In his federal habeas application, appellant sought relief on three grounds that he had unsuccessfully urged in the state courts: (1) He had been denied- a fair trial by the method the prosecution had used in proving his prior narcotics offense and by the erroneous allegation in the information that he had served a term in state prison; (2) the use of his prior conviction to enhance punishment was cruel and unusual punishment under Robinson v. California (1962) 370 U.S. 660 , 82 S.Ct. 1417 , 8 L.Ed.2d 758 ; and (3) he had been denied effective assistance of counsel, because there was a conflict of interest between him and his co-defendant who were jointly represented.

We agree with the district court that the first two grounds failed to state a claim for federal habeas relief. There was no denial of due process in the prosecution’s proof of appellant’s prior conviction (Spencer v. Texas (1967) 385 U.S. 554 , 87 S.Ct. 648 , 17 L.Ed.2d 606 ), and, from the facts alleged in the petition, it is plain that the manner in which the prior…