Ferrizz

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ANTHONY THOMAS FERRIZZ,  No. 03-56137 Petitioner-Appellant, v.  D.C. No.

CV-02-05837-GLT

G. J. GIURBINO,

OPINION

Respondent-Appellee.  Appeal from the United States District Court for the Central District of California Gary L. Taylor, District Judge, Presiding

Argued and Submitted February 7, 2005—Pasadena, California

Filed December 23, 2005

Before: Harry Pregerson, William C. Canby, Jr., and Robert R. Beezer, Circuit Judges.

Opinion by Judge Canby

16663 FERRIZZ v. GIURBINO 16665

COUNSEL

Kenneth M. Stern, Woodland Hills, California, for the petitioner-appellant.

Timothy M. Weiner, Deputy Attorney General, Los Angeles, California, for the respondent-appellee.

OPINION

CANBY, Circuit Judge

Anthony Ferrizz appeals the district court’s denial of his habeas corpus petition, brought pursuant to 28 U.S.C. § 2254. Ferrizz contends that his state convictions violate due process because the jury’s guilty verdicts on two counts of the charges — burglary and grand theft of lost property — are factually inconsistent. We conclude that, in the…