Robert G. Penrod v. State of California

990 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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert G. PENROD, Petitioner-Appellant, v. STATE of California, Respondent-Appellee. No. 92-55245. United States Court of Appeals, Ninth Circuit. Submitted March 3, 1993. * Decided April 1, 1993. Before SCHROEDER, THOMPSON and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Petitioner Robert Penrod seeks habeas corpus relief from a sentence imposed in state court. Penrod first challenges the constitutionality of a prior conviction used to enhance his sentence under California's recidivist statute. Petitioner also alleges that California's recidivist statutes are violative of equal protection. We deny Penrod's request for relief. 3 In 1987, petitioner was charged with two counts of burglary, an offense considered a "serious felony" in California. As amended, the information also alleged that petitioner was convicted of a serious felony in 1969. Petitioner pleaded guilty to first degree burglary and receiving…