Dennis Earl Hungate v. Robert G. Borg, Warden

979 F.2d 854 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dennis Earl HUNGATE, Petitioner-Appellant v. Robert G. BORG, Warden Respondent-Appellee No. 91-56477. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1992. Decided Nov. 23, 1992. 1 Before D.W. NELSON, CYNTHIA HOLCOMB HALL and RYMER Circuit Judges. 2 MEMORANDUM * 3 Petitioner Dennis Hungate is a California state prisoner. He appeals the district court's denial of his 28 U.S.C. § 2254 habeas petition challenging his state conviction for robbery, attempted murder and use of a firearm. For the reasons stated below, the district court ruling is affirmed. FACTUAL & PROCEDURAL BACKGROUND 4 On March 28, 1986 a service cashier in Garden Grove was robbed of her purse at gunpoint. The robber also shot at the victim after she ran after him. He then got into a waiting getaway car. Soon after a police car undertook pursuit. 5 At some point in the chase, Mr. Hungate jumped out of the car and…