Frank G. Smith, Jr. v. Robert G. Borg, Warden

1 F.3d 1247 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Frank G. SMITH, Jr., Petitioner-Appellant, v. Robert G. BORG, warden Respondent-Appellee. No. 91-15948. United States Court of Appeals, Ninth Circuit. Submitted July 16, 1993. * Decided July 29, 1993. Before WALLACE, Chief Judge, and D.W. NELSON and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Petitioner Frank S. Smith is a state prisoner. He has been granted in forma pauperis status and proceeds pro se in his appeal of the district court's denial of his petition for habeas corpus relief. We review the district court's decision de novo. Carter v. McCarthy, 806 F.2d 1373, 1375 (9th Cir.1986), cert. denied, 484 U.S. 870 (1987). We affirm. 3 Following a jury trial, Smith was convicted in state court of robbery, burglary, assault with a deadly weapon, and the infliction of great bodily injury. The primary issue at trial was whether Smith was the person who had committed the crimes. In order to establish Smith's…