Frederick Halley Heimrich v. George Deeds

968 F.2d 1221 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Frederick Halley HEIMRICH, Petitioner-Appellant, v. George DEEDS, et al., Respondents-Appellees. No. 91-16293. United States Court of Appeals, Ninth Circuit. Submitted June 11, 1992. * Decided July 21, 1992. Before ALARCON, CYNTHIA HOLCOMB HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Frederick Heimrich appeals the district court's denial of his petition for habeas relief from a sentence of life imprisonment without possibility of parole, arguing that the court erroneously rejected his contentions that (1) his guilty plea was involuntary because the state trial court failed to inform him during the plea hearing that the offense to which he pled guilty was not one for which he could be sentenced to probation, and (2) the state trial court lacked the authority to sentence him to life imprisonment without parole. In addition, Heimrich argues for the first time on appeal that the information upon the basis…