Wheeler

Wheeler v. Yarbrough

Good Law
352 F. Supp. 2d 1085·2005 WL 147460·2005 U.S. Dist. LEXIS 3340
United States District Court, Central District of CaliforniaJanuary 4, 2005CV03-1191DSFRNBCalifornia5,279 words

Opinion

Opinion

Fischer, J.

ORDER DENYING DARRELL WHEELER’S PETITION FOR WRIT OF HABEAS CORPUS AND DECLINING TO ADOPT THE REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Petitioner claims that the use of his 1990 conviction to enhance his 2000 sentence pursuant to California’s Three Strikes Law breached the terms of the plea agreement that resulted in the 1990 conviction' and violated 'his Fourteenth Amendment right to due process.

I. PROCEDURAL BACKGROUND

A. State Court Proceedings

On November 9, 2000, a Los Angeles Superior Court jury found petitioner guilty of one count of involuntary manslaughter. (See Clerk’s Transcript (“CT”) 189; 5 Reporter’s Transcript (“RT”) 605-06.) In a bifurcated bench trial, the trial court found true the special allegations that petitioner had suffered one prior serious or violent felony conviction and had served five prior prison terms. (See CT 52-53, 244; 5 RT 620-21, 628, 632.) On November 21, 2000, the trial court sentenced petitioner in accordance with California’s “Three Strikes Law” to state prison for a total term of thirteen years. (See CT 26-28; 5 RT 636-39.)

Petitioner appealed his sentence to the California court of appeal, asserting only the claim…

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