Eugene H. Pietsch, Jr. v. William Gotcher, Warden

981 F.2d 1259 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Eugene H. PIETSCH, Jr., Petitioner-Appellant, v. William GOTCHER, Warden, Respondent-Appellee. No. 92-16024. United States Court of Appeals, Ninth Circuit. Submitted Nov. 23, 1992. * Decided Dec. 8, 1992. Before SCHROEDER, FLETCHER and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Eugene H. Pietsch, Jr., an Arizona state prisoner, appeals pro se the summary denial of his 28 U.S.C. § 2254 habeas corpus petition. He contends that (1) he is excused from exhausting state court remedies, and (2) his claim regarding the state court's jurisdiction to convict and sentence him is not patently frivolous. We have jurisdiction under 28 U.S.C. § 2253 . We review de novo, Norris v. Risley, 878 F.2d 1178, 1180 (9th Cir.1989), and affirm. 3 Pietsch pleaded guilty to theft by misrepresentation and was placed on intensive probation. After a hearing at which he admitted that he had violated a probation condition by using…