Edward Zaragoza v. Jerry Stainer, Warden Attorney General of the State of California

77 F.3d 491 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Edward ZARAGOZA, Petitioner-Appellant, v. Jerry STAINER, Warden; Attorney General of the State of California, Respondents-Appellees. No. 95-55496. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 13, 1995. Decided Jan. 5, 1996. Before: SCHROEDER, FERGUSON and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 California state prisoner Edward Zaragoza appeals the district court's denial of his 28 U.S.C. § 2254 habeas petition challenging his 1989 conviction by guilty plea to residential burglary. The burglary occurred when Zaragoza and a lifelong friend, Arnold Guarnica, took a lawn mower from a woman's garage and drove off with it. Prior to trial, the California district attorney offered a plea agreement under which Guarnica would receive the minimum sentence of two years, and Zaragoza would receive a twelve year sentence. Zaragoza's twelve years would be comprised of the minimum sentence…