Darryl Bernard Watts v. Bill Bonneville, Warden

Darryl Bernard Watts, a state prisoner convicted of one count of rape and two counts of rape in concert, appeals in pro-pria persona from the denial of his petition for a writ of habeas corpus. Watts claims that the state improperly punished him twice for a single criminal act and that the trial court incorrectly instructed the jury. We affirm.

I.

FACTS AND PROCEEDINGS BELOW

On March 18, 1980, in El Toro, California, Watts and two others, Simmons and Montgomery, forced Sharon B. at gun point to let them into her home. Once inside, the three men bound and gagged Sharon B. and her husband and began searching through the house. Upstairs they found Kathy B., Sharon B.’s fourteen-year-old daughter, in her bed. The men brought Kathy B. downstairs to her parents. Watts watched over the family for a short time while Simmons and Montgomery continued to search through the rest of the house.

When Simmons and Montgomery returned, they took Kathy B. back upstairs. Each of them then raped her at gun point while Watts remained behind to guard her parents. When they had finished, Watts went upstairs to join them. He stated in crude terms that he also wanted to rape Kathy B. and then proceeded…