United States District Court, C.D. California
MEMORANDUM OPINION AND ORDER
PYM, Magistrate Judge.
8, 2016, petitioner Brandon Crosby filed a First Amended
Petition for Writ of Habeas Corpus by a Person in State
Custody (“First Amended Petition” or
“FAP”). Petitioner challenges his October 24,
2014 conviction in the Los Angeles County Superior Court for
assault of a peace officer causing great bodily injury.
First Amended Petition purports to raise five grounds for
relief. Two of the grounds claim the trial court erred during
petitioner’s waiver of counsel hearing. The other
grounds are difficult to decipher, although they also
reference petitioner’s waiver of counsel.
reasons discussed below, petitioner’s claims do not
merit habeas relief. Accordingly, the FAP will be denied with
28, 2014, Los Angeles County Deputy Sheriff Keelan Chan
detained petitioner at the Wilmington Train Station for fare
evasion. Petitioner resisted a pat down search and punched
the deputy in the face, breaking his nose.
Assistant Iris Avalos saw Deputy Chan fall and hit a metal
stairway with blood gushing out his mouth. Avalos radioed for
help as petitioner ran to a Denny’s restaurant.
Responding to the call, Sheriff’s Deputies Aguiano and
Atilano found petitioner hiding in a bathroom stall.
Petitioner charged and kicked the deputies as he was
“extracted” from the bathroom.
interview conducted in compliance with Miranda v.
Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694
(1966), petitioner admitted punching Deputy Chan. Petitioner
said that he “two pieced” the deputy –
street slang for a one-two punch in rapid succession.
before trial, the trial court granted petitioner’s
motion pursuant to Faretta v. California, 422 U.S.
806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975), and discharged the
deputy public defender. Petitioner defended on the theory
that he resisted arrest but never hit Deputy Chan. The jury
returned a guilty verdict on count 1 for assault on a peace
officer and acquitted on counts 2 and 3 for resisting an
officer (Deputies Aguiano and Atilano). At the sentencing
hearing, the trial court denied petitioner’s request to
withdraw the Faretta waiver and sentenced petitioner to 17
years in state prison.
October 6, 2014, following a trial, a jury found petitioner
guilty of assault on a police officer (Cal. Penal Code §
245(c)) and found true a great bodily injury enhancement
(Cal. Penal Code § 12022.7(a)). LD 1 at 134-35, 180. The
trial court found that petitioner had suffered a prior
violent felony conviction (Cal. Penal Code § 667(a)(1))
and a prior prison term (Cal. Penal Code § 667.5(b)).
Id. The trial court sentenced petitioner to 17 years
in prison. Id.
then represented by counsel, appealed the judgment and
sentence, raising three arguments: (1) the failure to advise
petitioner of the nature of the charges against him and the
potential penal consequences prior to accepting his Faretta
waiver was not harmless error; (2) the trial court improperly
denied petitioner’s request to withdraw his Faretta
waiver at the sentencing hearing; and (3) a sentencing error.
LD 4. On October 27, 2015, the California Court of Appeal, in
a reasoned decision, struck the one-year prior prison term
enhancement and so reduced the sentence to 16 years, but
otherwise affirmed the judgment. LD 7.
filed a petition for rehearing in the Court of Appeal, which
was denied without ...