Ora Otis Kidd v. James Blodgett, Superintendent

977 F.2d 589 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ora Otis KIDD, Petitioner-Appellant, v. James BLODGETT, Superintendent, Respondent-Appellee. No. 91-35999. United States Court of Appeals, Ninth Circuit. Submitted Sept. 14, 1992. * Decided Sept. 29, 1992. Before EUGENE A. WRIGHT, FLETCHER and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Petitioner Ora Otis Kidd was convicted in state court on three counts of second degree assault with a deadly weapon, and sentenced to serve concurrent 93-month sentences for each count. After losing his direct appeal, 1 Kidd filed a habeas petition in federal court. In his petition Kidd alleges that the trial court, relying on aggravating factors, in effect sentenced him for greater crimes than second degree assault. Kidd also contends that the Washington Court of Appeals failed to consider his challenges to two of the factors on direct appeal. The district court dismissed Kidd's petition without an evidentiary hearing. We affirm. 2…