John-Charles

John-Charles v. California

Good Law
646 F.3d 1243·2011 WL 2937945·2011 U.S. App. LEXIS 15010
United States Court of Appeals for the Ninth CircuitJuly 22, 201117-71742California5,080 words

Opinion

Opinion

Ikuta, J.

Curtis M. John-Charles appeals the district court’s denial of his federal habeas petition. He raises two claims on appeal. First, John-Charles challenges the California Court of Appeal’s rulings that he had no absolute Sixth Amendment right to the reappointment of counsel after waiving his right to counsel under Faretta v. California, 422 U.S. 806, 807 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975), and that the trial court’s abuse of discretion in failing to reappoint counsel was harmless beyond a reasonable doubt. Second, John-Charles claims that the California court violated his rights under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), when it used a prior juvenile con viction as a “strike” to enhance his sentence. Because neither of these decisions “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States,” we affirm the district court’s denial of John-Charles’s habeas petition. 28 U.S.C. § 2254 (d)(1).

I

In 2001, the State of California charged John-Charles with robbery, receipt of stolen property, assault with a firearm, acting in concert (with…

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