Delgado

ORDER DENYING PETITION FOR A WRIT OF HABEAS CORPUS

INTRODUCTION

Petitioner, a state prisoner incarcerated at Pleasant Valley State Prison in Coalinga, California, seeks a writ of habeas corpus under 28 U.S.C. § 2254 , claiming instructional error, cruel and unusual punishment, ineffective assistance of counsel, and error in the state’s post-conviction process.

STATEMENT OF THE CASE

Petitioner was convicted by jury in the Superior Court of the State of California in and for the County of Santa Clara of (1) resisting arrest, (2) assault on a peace officer by means likely to produce great bodily injury, (3) misdemeanor battery, and (4) possession of a controlled substance. The trial court found true that petitioner had suffered four prior strike convictions and had served three prior prison terms. On February 4, 2004, he was sentenced to 25 years to life in state prison pursuant to California’s Three Strikes Law.

Petitioner unsuccessfully appealed his conviction to the California Court of Appeal and the Supreme Court of California, which on August 20, 2006 denied review. Petitioner also unsuccessfully sought collateral relief from the state courts. On September 5, 2006, the…