Roy Curtis Richardson v. Jerry Stainer, Warden

15 F.3d 1088 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Roy Curtis RICHARDSON, Petitioner-Appellant, v. Jerry STAINER, Warden, Respondent-Appellee. No. 93-16613. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1993. * Decided Dec. 22, 1993. Before: SNEED, NOONAN, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Petitioner Roy Curtis Richardson appeals the district court's denial of his petition for habeas corpus. We affirm. I. FACTS AND PRIOR PROCEEDINGS 3 On April 30, 1986, petitioner was charged with first degree burglary. The information also alleged three prior felony convictions for purposes of sentencing petitioner under various California "habitual criminal" statutes. Upon petitioner's motion, the state trial court bifurcated the burglary and sentencing proceedings. 4 On June 27, 1986, a jury convicted petitioner of first degree burglary. The trial court discharged the jury before it considered petitioner's alleged prior convictions. Petitioner…