Robert Hatley McCrary v. Wayne Estelle, Warden

21 F.3d 1114 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Hatley McCRARY, Petitioner-Appellant, v. Wayne ESTELLE, Warden, Respondent-Appellee. No. 93-16991. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1994. * Decided March 30, 1994. Before: FLETCHER, BRUNETTI, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Robert Hatley McCrary appeals pro se the district court's denial of his petition for habeas corpus. We affirm in part, reverse in part, and remand to the district court. I. FACTS AND PRIOR PROCEEDINGS 3 In 1989 McCrary was convicted in California state court of first degree burglary and misdemeanor joy riding. He was sentenced to fourteen years in prison: four years for the burglary plus two five-year enhancements for two prior felony convictions. The California Court of Appeal affirmed, and the California Supreme Court denied discretionary review without comment. 4 McCrary then filed in the California Supreme Court a habeas corpus…