Gutierrez

After a jury trial, defendant Adrian Gutierrez (defendant) was convicted of possession of drug paraphernalia, namely, a hypodermic syringe, while in jail or prison (Pen. Code, § 4573.6). Enhancement allegations that defendant had served two prior felony prison terms (Pen. Code, § 667.5, subd. (b)) were found true. Allegations for purposes of the three strikes law (Pen. Code, § 667, subds. (b)-(i)) that defendant had four prior serious or violent felony convictions were also found true. As a result, defendant was sentenced under the three strikes law to 25 years to life, plus 1 year on each of the 2 prior prison term enhancements, for a total of 27 years to life.

Defendant has filed both an appeal and a petition for writ of habeas corpus. We consolidated the habeas petition with the appeal for the limited purpose of deciding whether to issue an order to show cause.

In his petition for habeas corpus, defendant contends that the trial court erred by excluding evidence that a jail deputy—the only witness against him—lied, and tried to intimidate another deputy into lying, during an investigation into his alleged use of excessive force against jail inmates. Defendant also…