G.w. Rennels, Petitioner-appellant, v. Robert G. Borg; Butte County Superior Court; Ann H.rutherford, Honorable; Teresa Rocha, Warden,respondents-appellees, 86 F.3d 1163 (9th Cir. 1996)

MEMORANDUM^** 

G.W. Rennels, a California state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 petition. Rennels was sentenced to eighteen years to life for the second-degree murder of his girlfriend, Teresa Smart. We have jurisdiction under 28 U.S.C. § 2253. We accept the district court's factual findings unless clearly erroneous, and review its conclusions of law de novo. Hendricks v. Zenon, 993 F.2d 664, 668 (9th Cir. 1993).

Rennels conceded before trial that he killed Smart, but he argues that the evidence was insufficient to show the intent necessary to support a conviction of second-degree murder. He claims, furthermore, that evidence from his first trial, which resulted in a conviction that was later overturned, should be considered in answering the sufficiency question. Finally, he argues the trial court erred by refusing to give his proffered instruction on heat of passion.

Without deciding whether the challenge to the sufficiency of the evidence is procedurally barred, we deny each claim on its merits for the reasons set forth in the Magistrate's Findings and Recommendation.¹ 

AFFIRMED.