Frank E. Hernandez v. Bill Bunnell, Warden

942 F.2d 791 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Frank E. HERNANDEZ, Petitioner-Appellant, v. Bill BUNNELL, Warden, Defendant-Appellant. No. 90-15047. United States Court of Appeals, Ninth Circuit. Submitted Aug. 22, 1991. * Decided Aug. 26, 1991. Before D.W. NELSON, CYNTHIA HOLCOMB HALL and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Frank E. Hernandez appeals the district court's denial of his petition for habeas corpus. Hernandez challenges a five year enhancement, made pursuant to Cal.Penal Code § 667 because of a prior conviction, to his sentence. According to Hernandez, use of this prior conviction (CR-7488) was impermissible, because his guilty plea in that case was not knowing and voluntary. He alleges that the trial court in CR-7488 failed to advise him that by pleading guilty he was giving up his constitutional rights. 3 A conviction is constitutionally invalid if the defendant pleads guilty without waiving his rights to jury trial, to confront…