United States District Court, N.D. California, San Jose Division
ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS RE:
DKT. NO. 1
J. DAVILA UNITED STATES DISTRICT JUDGE
has filed a petition for a writ of habeas corpus under 28
U.S.C. § 2254 challenging his state conviction.
Respondent filed an answer on the merits (Dkt. No. 13) and
Petitioner filed a traverse (Dkt. No. 18). For the reasons
set forth below, the petition for a writ of habeas corpus is
January 13, 2012, a jury found Petitioner guilty of one count
of attempted criminal threat (Cal. Penal Code §§
422, 664) and two counts of assault with a deadly weapon
(Cal. Penal Code § 245(a)(1)). He was placed on
probation for three years and ordered to serve a one-year
term in county jail as a condition of probation.
Petitioner's probationary term expired in March 2015.
January 23, 2014, the California Court of Appeal, Sixth
Appellate District, affirmed the judgment. Dkt. No. 15-12.
The California Supreme Court denied review on April 9, 2014.
Dkt. No. 15-14.
Statement of Facts
California Court of Appeal summarized the facts of the case
A. Incident at Brittania Arms
On April 4, 2010, Tiffani Sturges was at the Brittania Arms
on Almaden Expressway. She sat at the bar while waiting for a
friend. Defendant came over and sat near Sturges, then struck
up a conversation with her.
During their conversation, defendant claimed he was a social
worker who made $80, 000 per year. Defendant got angry when
Sturges told him she did not believe he made that much money.
He then told her, “you need to, like, suck my dick, or
I'm going to slit your throat.” Sturges “kind
of laughed” and responded, “No, I'm
not.” Defendant said, “I can make you.”
Sturges “didn't think he was serious” and
told him, “You're ridiculous.”
Defendant repeated his threat, saying, “I'm going
to follow you home and I'm going to make you suck my dick
and I am going to slit your throat.” Sturges responded,
“You don't know where I live.” Defendant
said, “I do know where you live. I know where your
Defendant also told Sturges, “I have a knife.”
Sturges responded, “Oh, really?” Defendant then
took out a Leatherman multi-purpose tool, held it underneath
the bar, and opened the knife implement. Sturges was
“stunned.” Defendant repeated his threat. Sturges
told him, “don't threaten me, ” saying she
had “cops” in her family. Defendant replied,
“I don't care. I am a Hell's Angel.”
Sturges felt “pretty terrified, ” but she did not
yell out for help. She was “in shock, ” and she
thought defendant might respond by stabbing her. She did not
try to leave the bar, fearing defendant might follow her home
as he had threatened. Instead, she tried to think of a way to
get help without attracting a lot of attention.
When defendant got up to use the restroom, he told Sturges he
would follow her if she left. Sturges remained at the bar but
asked the bartender for her bill. She then wrote a note on
the back of the ...