James Darryl Witt v. A. Gomez, Superintendent, Attorney General of the State of California

956 F.2d 276 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James Darryl WITT, Petitioner-Appellant, v. A. GOMEZ, Superintendent, Attorney General of the State of California, Respondents-Appellees. No. 90-56195. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1992. * Decided Feb. 14, 1992. Before BRUNETTI, O'SCANNLAIN and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 James Darryl Witt ("Witt"), a California state prisoner, appeals pro se the denial of his habeas corpus petition challenging his state perjury conviction. He argues that he was denied effective assistance of counsel by his attorney's failure to appeal his state perjury conviction. Statement of Facts and Procedural History 3 On April 30, 1986, following a jury trial in the Superior Court of the State of California for the County of Los Angeles in which he was convicted of perjury, Petitioner James Darryl Witt was sentenced to four years in state prison. At the sentencing hearing, Superior…