United States District Court, S.D. California
REPORT & RECOMMENDATION RE: MOTION TO DISMISS
[DOC. NO. 14]
Adler United States Magistrate Judge
reasons set forth below, the Court recommends that the Motion
to Dismiss [Doc. No. 14] filed by Respondent Robert W. Fox,
Warden, be GRANTED and the Petition for Writ of Habeas Corpus
[Doc. No. 1 (“Petition”)] filed by Petitioner
Christopher Lane Wright (“Wright”) be DISMISSED
INTRODUCTION AND PROCEDURAL BACKGROUND
has a lengthy criminal history that involves many
plea-bargained convictions dating back to 1981. See
Mot. to Dismiss, Ex. A at 42-46.
Wright's 1990 Conviction
1990, Wright was charged with several crimes in connection
with two domestic violence incidents. Mot. to Dismiss, Ex. A
at 43 (regarding No. CR113332). He pleaded guilty to
aggravated assault, Cal. Penal Code § 245(a), and was
granted probation. Id.
Wright's 1995 Conviction
Wright violated the terms of his probation. Id. at
44. He was arrested and booked in San Diego County Central
Jail in August 1995, at which point it was discovered he had
smuggled cocaine base into the jail and hidden it in his
cell. Id. He entered a guilty plea for the crime of
possession of a controlled substance under Cal. Health &
Safety Code § 11377(a) and admitted his 1990 conviction
was a “strike.” Id. (regarding No.
SDC114914).) He received a prison sentence for the drug
possession that was enhanced by the 1990 strike. Id.
2003, after his release and after other crimes, Wright was
charged with arson after setting two small fires during a
domestic dispute. Id. at 45 (regarding No.
SDC175183). He pleaded guilty to arson, Cal. Penal Code
§ 452(b), admitted he had once been to prison, Cal.
Penal Code § 667.5(b), admitted the 1990 strike, and was
granted probation. Id.
Wright's 2004 Conviction
little more than a year later, in June 2004, while he was
still on probation, Wright was arrested for shoplifting.
Id. (regarding No. SCS185202).) He pleaded guilty to
burglary, Cal. Penal Code § 459, and again admitted the
1990 prior strike. His probation was revoked, and he received
a four-year prison term for the 2003 conviction, as well as a
thirty-two-month prison term for the 2004 convictions.
Id. Thus, by 2007, Wright's criminal record
included a 1990 strike conviction and he had served two
separate terms in prison.
Wright's 2007 Conviction
was arrested again in February 2007, after he and another
individual sold cocaine base to an undercover peace officer.
Id. at 46 (regarding SDC204979). The charges filed
against him included allegations that Wright had the 1990
strike conviction and had twice gone to prison. Id.
at 73-77 (regarding SDC204979). Wright pleaded guilty to drug
transportation, Cal. Health & Safety Code §
11352(a), and selling cocaine, Cal. Health & Saf. Code
§ 11351.5; admitted he served two prior prison
sentences; and further admitted his 1990 conviction was a
strike. Id. at 105, ¶1, 105-07. He received a
five-year sentence, but the court suspended execution and
granted Wright probation. Id. at 104. His probation
included conditions that he spend a year in county jail and
he complete a rehabilitation program. Id. at 99-104.
Wright's 2009 & 2011 Probation
March 2009, Wright's probation was revoked and then
reinstated as modified. Id. at 46 (regarding
SDC204979). During a probation and sentencing hearing held on
June 10, 2011, Wright admitted that he had violated his
probation and been in possession of a weapon. Mot. to
Dismiss, Ex. S-1, at 1-2. Wright's probation was
reinstated as modified. Id., Ex. A at 46.
Wright's 2011 Conviction & Current Prison
days later, on June 15, 2011, Wright was the subject of a car
chase, when he fled from San Diego police officers who
attempted to pull him over after witnessing him drive a
speeding car with inoperative brake lights and make a
reckless maneuver with the vehicle. Id. at 40-41.
After leading police at high speeds on a series of South
County freeways and city streets, Wright drove his vehicle
into a cul-de-sac, where he was hemmed in by the pursuing
police cars. Id. Wright then turned his car, drove
towards a police officer standing near his stopped vehicle,
and rammed into the police cruiser with sufficient force to
move the car ten feet. Id. When officers attempted
to subdue and detain him, Wright repeatedly asked to be
killed. Id. A pipe with cocaine base residue and a
bottle of Vicodin were found in the vehicle and a blood test
established Wright was under the influence of cocaine,
amphetamine and opiates. Id. at 41.
September 2011, Wright pleaded guilty to aggravated assault,
admitted the 1990 strike, and agreed to a ten-year sentence
for the 2011 crimes, which was based on the upper term of
five years for assault, doubled to ten years due to the
strike. Id., Ex. A at 26; Ex. S-3 at 36. He agreed
the 2011 crimes violated the terms of his 2007 probation.
Id., Ex. A at 148. He also agreed to a reduced term
of three years and four months, based upon sixteen months for
the 2007 conviction plus one-year each for the two prior
terms in prison, instead of the originally imposed, but
suspended, term. Id., Ex. A at 26; Ex. S-3 at 37.
The sentence for both convictions were to be served
consecutively, for a total of thirteen years and four months
in prison. Id. His plea deal was accepted by the
trial court during a sentencing hearing held in October 2011,
at which time the court sentenced Wright to incarceration for
the agreed-upon term of thirteen years and four months for
both the 2007 and 2011 convictions. Id., Ex. S-3, at
then filed a notice of appeal that he later formally
abandoned. Id., Ex. A at 52; Ex. B. The California
Court of Appeal accepted Wright's abandonment of the
appeal and ...