Frederick L. Roberts v. Charles D. Marshall, Warden

39 F.3d 1188 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Frederick L. ROBERTS, Petitioner-Appellant, v. Charles D. MARSHALL, Warden, Respondent-Appellee. No. 93-17266. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 6, 1994. Decided Oct. 28, 1994. Before: SCHROEDER, FERGUSON and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Frederick L. Roberts, a California state prisoner, appeals the district court's denial of his habeas corpus petition, 28 U.S.C. Sec. 2254 , challenging his conviction for first degree murder, Cal.Penal Code Secs. 187, 189. Roberts argues that the evidence was insufficient to sustain his conviction and that he was denied due process by the trial court's failure to give an implied malice second-degree murder instruction. We affirm. 3 * We must first decide whether we have jurisdiction, because California argues that Roberts filed his notice of appeal more than 30 days after the district court entered its order on the civil docket.…