Jose M. Lozada v. George Deeds, Warden

72 F.3d 135 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jose M. LOZADA, Petitioner-Appellee, v. George DEEDS, Warden, Respondent-Appellant. No. 95-15450. United States Court of Appeals, Ninth Circuit. Submitted Dec. 4, 1995. * Decided Dec. 7, 1995. Before: PREGERSON, BRUNETTI, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 The U.S. District Court unconditionally granted former Nevada state prisoner Jose Lozada's 28 U.S.C. Sec. 2254 habeas petition and ordered him released from state custody. Nevada state prison officials appeal. We have jurisdiction under 28 U.S.C. Sec. 2253 . We affirm. 3 Lozada was convicted in 1987 in Nevada state district court ("Nevada trial court") of four crimes arising out of the possession and sale of a controlled substance. The court sentenced Lozada to twenty-three years in a Nevada prison. Lozada's retained counsel failed to advise Lozada of his right to appeal, the procedure and time limits involved, and of his right to appointed…