Andrew Elbert Bost, AKA Scott Jones v. Samuel Lewis Arizona Attorney General
Opinion
Opinion
37 F.3d 1504 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Andrew Elbert BOST, aka Scott Jones, Petitioner-Appellant, v. Samuel LEWIS; Arizona Attorney General, Respondents-Appellees. No. 94-15682. United States Court of Appeals, Ninth Circuit. Submitted Oct. 4, 1994. * Decided Oct. 6, 1994. Before: BROWNING, FARRIS and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Andrew Elbert Bost appeals the denial of his petition for habeas corpus under 28 U.S.C. Sec. 2254 . We have jurisdiction under 28 U.S.C. Sec. 2253 , and we affirm. 3 Bost was arrested inside a car, and had in his possession tools suitable for its theft. He had damaged the steering column and removed parts of the ignition switch. Bost was convicted in Arizona state court of burglary in the third degree, attempted theft by control, and possession of burglary tools. He was sentenced to concurrent terms of imprisonment on all three convictions. 4 Bost claims that his convictions for both burglary and attempted theft…