Darryl W. Funderburk v. Wayne Estelle, Warden
Opinion
Opinion
892 F.2d 82 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Darryl W. FUNDERBURK, Plaintiff-Appellant, v. Wayne ESTELLE, Warden, Defendant-Appellee. Nos. 88-5706, 88-5652. United States Court of Appeals, Ninth Circuit. Submitted April 24, 1989. * Decided Dec. 12, 1989. Before PREGERSON, O'SCANNLAIN and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Darryl W. Funderburk, a California state prisoner appeals pro se two district court denials of habeas relief sought under 28 U.S.C. § 2254 . Funderburk was convicted of numerous counts of armed robbery and attempted robbery after pleading guilty to all counts charged. In appeal No. 88-5706 Funderburk contends that the trial court's failure to advise him of a three-year special parole term entitled him to habeas relief. 3 To prevail on an involuntary guilty plea claim, a defendant must show that he was unaware of the consequences of his plea and that if he were properly advised, he would not have pled guilty. United States v.…