Osborne

MEMORANDUM ***

I.

This is an appeal from the district *683 court’s denial of habeas corpus relief under 28 U.S.C. § 2254 . The petitioner, Jimmie Osborne, asserts a claim for ineffective assistance of counsel during the trial and appeal of his first degree burglary conviction in the California Superior Court and Court of Appeal. The California Supreme Court denied Osborne’s petition for review.

The facts are not in dispute. At trial, a police officer testified that on June 7,1991, he and his partner responded to a nighttime silent burglar alarm at a local residence. Upon arriving at the house, the officers observed a pried-open window and a person walking through the darkened hallways with a flashlight. They apprehended Osborne while he was climbing out of the pried-open window. The officers searched Osborne and discovered a screwdriver and some of the owner’s jewelry in his pockets. The owner testified that Osborne had no right to be in the house or to take the jewelry.

In the jury’s presence during voir dire, Osborne told the court that he was guilty of the underlying burglary charge but not the prior convictions upon which his sentence for burglary would be enhanced.…