Robert Dale Bernath v. Walter E. Craven, Warden, Folsom State Prison

OPINION

Before DUNIWAY, INGRAHAM * and WALLACE, Circuit Judges. PER CURIAM:

This appeal from the district court’s refusal to grant petitioner’s writ of habeas corpus presents the issue whether our decision in Wright v. Craven, 461 F.2d 1109 (9th Cir. 1972), should be applied retroactively. In Wright, this court held that where a defendant’s admission of a prior felony conviction can be used to enhance his sentence, the admission is the functional equivalent of a plea of guilty, and is valid only if the defendant is aware of the consequences of his admission. Concluding that the rule enunciated…