Donald T. Stephens v. State of California Greg Zermeno

28 F.3d 108 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Donald T. STEPHENS, Petitioner-Appellant, v. STATE OF CALIFORNIA; Greg Zermeno, Respondents-Appellees. No. 93-16386. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1994. * Decided May 20, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Donald T. Stephens, a minor in the custody of the California Youth Authority, appeals the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for a writ of habeas corpus. Stephens was convicted of raping his aunt. He contends that he was denied the right to testify at his trial, and that he received ineffective assistance of counsel. We have jurisdiction pursuant to 28 U.S.C. Sec. 2253 , and review de novo. Thomas v. Lewis, 945 F.2d 1119, 1122 (9th Cir.1991). 1 We affirm. 3 Stephens contends that he wanted to testify at his trial, but his attorney would not allow him to do so. He contends further that he was unaware of…