Sean Thomas Rooke v. Robert G. Borg

999 F.2d 544 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Sean Thomas ROOKE, Petitioner-Appellant, v. Robert G. BORG, Respondent-Appellee. No. 92-15578. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 13, 1993. Decided July 16, 1993. MEMORANDUM * Before BROWNING, CHOY and CANBY, Circuit Judges. 1 Sean Thomas Rooke, a California prisoner, appeals from the district court's denial of his habeas petition brought under 28 U.S.C. § 2254 . He raises due process and ineffective assistance claims in connection with a waiver of a state law right to jury trial on a prior felony allegation. We review de novo, Adams v. Peterson, 968 F.2d 835, 843 (9th Cir.1992) (en banc), cert. denied, 113 U.S. 1818 (1993), and we affirm. 2 * A jury convicted Rooke of attempted burglary, in violation of California Penal Code sections 664 and 459. The trial court found true an allegation of a prior serious felony conviction and imposed an enhanced sentence under…