Kenner

MEMORANDUM *

James Jefferson Kenner appeals the district court’s denial of his habeas corpus petition brought pursuant to 28 U.S.C. § 2254 . Kenner contends that the district court erred by denying his claim that the Nevada state court unconstitutionally enhanced his DUI conviction to felony status using an uncounseled prior misdemeanor conviction. He argues that he was never properly shown to have waived counsel.

We have jurisdiction under 28 U.S.C. § 1291 and 2258, and we affirm.

The enhancement of Kenner’s sentence because of his prior conviction survives Kenner’s Sixth Amendment challenge because the record establishes that Kenner waived his right to counsel in the prior proceeding. See Burgett v. Texas, 389 U.S. 109, 114 , 88 S.Ct. 258 , 19 L.Ed.2d 319 (1967). The Nevada Supreme Court reasonably applied federal law in determining that there was adequate evidence in the record to support the finding that Kenner waived his right to counsel. The court correctly stated that “in order to rely on a prior misdemeanor judgment of conviction for enhancement purposes, the state has the burden of proving either that the defendant was represented by counsel or validly waived that…