Richard Lee Alford v. Tom Rolfs

This is an appeal from a district court decision denying Alford’s petition for federal habeas corpus relief. Alford was convicted in the State of Washington for possessing stolen property. Based on Alford’s felony record, the Washington trial court found Alford to be an habitual criminal, and sentenced him to life in prison with possibility of parole. The Washington Court of Appeals first vacated the sentence, but, in a clarifying decision, upheld the habitual criminal finding and life sentence. Alford sought habeas corpus relief in the United States District Court after exhausting his state remedies. The district court denied the petition. We affirm.

FACTS .

In November 1978, a jury found petitioner Richard Lee Alford guilty of possessing stolen property worth approximately $17,-000, a felony. At the time of Alford’s conviction, the Washington habitual criminal statute provided in relevant part:

R.C.W. 9.92.090 (West 1988). Alford had previously been convicted of the following felonies: (1) possession of a controlled substance, in violation of the Uniform Controlled Substances Act (UCSA), in 1978; (2) delivery of heroin and possession with intent to deliver heroin, in…