Rene Sanders v. Robert Glen Borg, Warden

963 F.2d 380 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rene SANDERS, Petitioner-Appellant, v. Robert Glen BORG, Warden, et al. Respondents-Appellees. No. 90-55337. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 3, 1991. Decided May 14, 1992. 1 Before SCHROEDER and KOZINSKI, Circuit Judges, and HOGAN, * District Judge. 2 MEMORANDUM ** 3 This is an appeal from the denial of a habeas corpus petition in a California first degree murder conviction after a jury trial. The dispositive issue is whether the defendant was adequately apprised of the fact that the government intended to proceed on a felony-murder theory to support the first-degree murder charge. See Sheppard v. Rees, 909 F.2d 1234 (9th Cir.1990). 4 The appellant and his co-defendant were both charged with first-degree murder. The charges arose from an episode in which the victim was shot in the neck by a single bullet as he sped away following a confrontation with the appellant and his…