Allan E. Serpa v. Robert Borg

967 F.2d 590 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Allan E. SERPA, Petitioner-Appellant, v. Robert BORG, Respondent-Appellee. No. 90-56311. United States Court of Appeals, Ninth Circuit. Submitted June 25, 1992. * Decided June 29, 1992. Before FLETCHER, LEAVY and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Allen E. Serpa, a California state prisoner, appeals the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. Serpa was convicted following a jury trial of first-degree murder, robbery, burglary, and forcible penetration by a foreign object and was sentenced to life imprisonment without the possibility of parole. He contends that he was denied his right to testify at his trial and that the trial court should have conducted an on-the-record inquiry as to whether he knowingly waived his right to testify. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm. 3 * Facts 4 After the prosecution presented its case, the…