Robert Dale Bernath v. Walter E. Craven, Warden, Folsom State Prison

This appeal from the district court’s refusal to grant petitioner’s writ of habeas corpus presents the issue whether our decision in Wright v. Craven, 461 F.2d 1109 (9th Cir. 1972), should be applied retroactively. In Wright , this court held that where a defendant’s admission of a prior felony conviction can be used to enhance his sentence, the admission is the functional equivalent of a plea of guilty, and is valid only if the defendant is aware of the consequences of his admission. Concluding that the rule enunciated in Wright should be given prospective application only, we affirm.

While out on parole for a conviction for voluntary manslaughter, petitioner Robert Dale Bernath was apprehended and charged for the unlawful possession of marijuana. Bernath decided to enter a plea of guilty to the charge alleging the illegal possession of marijuana, but when he entered his plea, he admitted committing the prior offense of voluntary manslaughter. There is no évidence that Bernath recognized that his admission to the prior conviction could be used to increase the period of incarceration for the marijuana offense. He now argues that the prior offense was used by the trial…