Guidry
Guidry v. Lamarque
Opinion
Lead Opinion
*539 MEMORANDUM **
Harry James Guidry, a California state prisoner, appeals pro se the district court’s order denying his 28 U.S.C. § 2254 petition challenging his state conviction for assault with a deadly weapon. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.
Appellant contends that the trial court erred when it denied his motion to terminate his pro per status and appoint counsel. We disagree. Because the trial court made a factual finding that appellant’s request was an apparent effort to delay or disrupt the proceedings on the eve of trial, the district court correctly denied this claim. Cf. Menefield v. Borg, 881 F.2d 696, 700 (9th Cir.1989).
Appellant also contends that there was insufficient evidence to convict him of assault with a deadly weapon, however, a review of the record indicates that a rational trier of fact could find all the elements of the crime to return a guilty verdict. See Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979).
Appellant’s claims that (1) the trial court erred when taking evidence regarding his prior convictions while the jury was still deliberating; (2) the jury instructions given at trial…