Robert R. Sterling v. M. Pickett, Warden

77 F.3d 490 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert R. STERLING, Petitioner-Appellant, v. M. PICKETT, Warden, Respondent-Appellee. No. 95-16553. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1996. * Decided Feb. 12, 1996. Before: PREGERSON, CANBY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Robert R. Sterling, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo, Hegler v. Borg, 50 F.3d 1472, 1475 (9th Cir.), cert. denied, 116 S.Ct. 675 (1995), and affirm in part, vacate in part, and remand for an evidentiary hearing. 3 * Sufficiency of Evidence 4 Sterling contends that there was insufficient evidence to convict him of forcible oral copulation in violation of Cal.Penal Code § 288a(c). This contention lacks merit. 5 "Considering the evidence in the light most favorable to the prosecution, we review the…