Edward L. Peltier v. Larry Wright, Warden

Peltier appeals pro se the district court’s dismissal of his petition for writ of habeas corpus. His petition alleges that the imposition by the Idaho state court of a sentence of twenty years imprisonment upon revocation of his probation violated his right under the fifth and fourteenth amendments against being placed twice in jeopardy for the same offense. We review the denial of a petition for habeas corpus de novo. Marsh v. Taylor, 925 F.2d 1131, 1133 (9th Cir.1991).

His claim stems out of the fact that at the time Peltier pleaded guilty, the state court judge granted Peltier a withheld imposition of judgment, and placed him on probation for five years. At that time, Peltier also was ordered to immediately spend sixty days in the county jail. The order which the state court filed imposing this judgment contained language which could be construed as inconsistent with the granting of withheld judgment, being more consistent with the imposition of a sentence. However, at oral sentencing, the judge clearly indicated that he was withholding imposition of judgment, and that if the terms of parole were violated, Peltier could be sentenced to any term allowed for the initial…