Trujillo v. Stone

DENIAL OF PETITION FOR WRIT OF HABEAS CORPUS

OLIVER J. CARTER, Chief Judge.

After a jury trial in state court, petitioner was convicted of both second-degree burglary (Cal.Penal Code §§ 459, 460) and receiving stolen property (Cal. Penal Code § 496). In his petition for writ of habeas corpus, petitioner contends that the failure to give a jury instruction that he could not be convicted of both crimes was an error of constitutional proportions. In addition to contesting the merits of this claim, the state also argues that petitioner has not exhausted his state remedies.

Exhaustion of State…