Mario Catanio v. Edward R. Myers, Warden

69 F.3d 543 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mario CATANIO, Petitioner-Appellant, v. Edward R. MYERS, Warden, Respondent-Appellee. No. 94-56286. United States Court of Appeals, Ninth Circuit. Submitted Oct. 24, 1995. * Decided Nov. 1, 1995. Before: BEEZER, THOMPSON and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Mario Catanio, a California state prisoner, appeals pro se the district court's denial of his petition for writ of habeas corpus. A jury convicted Catanio of first degree murder for his participation in burning down a restaurant. Fireman Thomas Taylor was killed fighting the blaze Catanio set after letting himself into the building with a key the restaurant owner had given him. Catanio contends that: (1) the indictment did not give him adequate notice under the Sixth Amendment that the State intended to show arson was the crime underlying the murder charge; (2) the trial court erred by refusing to instruct the jury on the lesser included offense…