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ROBERTSON v. CAREY

April 9, 2003

KEIR ROBERTSON, PETITIONER, VS. TOM CAREY, WARDEN, RESPONDENT.


The opinion of the court was delivered by: Charles R. Breyer, United States District Judge

ORDER OF DISMISSAL

Petitioner, a state prisoner currently incarcerated at California State Prison, Solano, has filed a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254. He also has filed a motion to proceed in forma pauperis under 28 U.S.C. § 1915 (doc #2), which is GRANTED.

BACKGROUND

Petitioner faced charges in an information filed in the Superior Court of the State of California in and for the County of Sonoma alleging that, on November 27, 1999, he committed robbery and false imprisonment, and alleging nine prior prison term and prior "strike" conviction enhancements.

On April 26, 2000, petitioner file a motion to suppress evidence. A hearing was held on May 2, 2000, and the motion was denied.

On May 9, 2000, petitioner pled guilty to robbery and admitted three of the nine prior prison term and prior "strike" conviction enhancement allegations. On November 15, 2000, he was sentenced to 16 years in state prison. (On January 3, 2001, the sentence was reduced by the agreement of the parties and the trial court to 12 years.

Petitioner unsuccessfully appealed his conviction to the California Court of Appeal and Supreme Court of California, which denied review per order filed on June 12, 2002.

The instant petition for a federal writ of habeas corpus followed.

DISCUSSION

A. Standard of Review

This court may entertain a petition for writ of habeas corpus "in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States." 28 U.S.C. § 2254(a).

A petition for a writ of habeas corpus may be dismissed if it plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is not entitled to relief. Hendricks v. Vasquez, 908 F.2d 490, 491 (9th Cir. 1990).

B. Legal Claims

Petitioner claims he is entitled to federal habeas relief because the trial court erroneously denied his motion to suppress evidence and because defense counsel provided him with ineffective assistance of ...


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