Eric Peeler v. Robert Goldsmith, Arizona Attorney General

891 F.2d 295 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Eric PEELER, Petitioner-Appellant, v. Robert GOLDSMITH, Arizona Attorney General, Respondents-Appellees. No. 89-15769. United States Court of Appeals, Ninth Circuit. Submitted Nov. 6, 1989. * Decided Dec. 4, 1989. Before ALARCON, O'SCANNLAIN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Eric Peeler, the appellant, was convicted in Arizona of sexual assault, attempted sexual assault, and second degree burglary. State v. Peeler, 614 P.2d 335, 337 (1980). The victim of the assault was a seventy-nine year old woman. Id. After considering Peeler's three prior felony convictions in the state of Washington, the trial judge directed Peeler to serve consecutive sentences amounting to 39.25 years of imprisonment. Peeler's convictions were affirmed on appeal, id., and Peeler petitioned for federal habeas corpus relief under 28 U.S.C. § 2254 (1982). 3 Peeler's first petition for habeas relief argued that his sentence…