Hodges

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

INTRODUCTION

This matter is now before the court for consideration of the merits of Eric Cedric Hodges’ pro se petition for writ of habeas corpus concerning his 1998 conviction in the Santa Clara County Municipal Court. For the reasons discussed below, the petition will be denied.

BACKGROUND

On March 6, 1998, Hodges pled guilty in the Santa Clara County Municipal Court to assault by means of force likely to produce great bodily injury and admitted that he had suffered a prior conviction. In exchange for the plea, the prosecutor dismissed charges of corporal injury on a spouse or cohabitant and simple assault. On April 20, 1998, Hodges was sentenced to four years in prison, apparently based on the middle term of two years for the assault which was doubled as a result of the finding Hodges had suffered a prior conviction. See Respondent’s Memorandum Of Points And Authorities In Support Of Answer To Order To Show Cause, p. 1.

Hodges did not appeal. He did file several petitions for writ of habeas corpus in state courts, but none were successful. The habeas petition filed in the California Supreme Court was denied on January 25,…