Lewis

MEMORANDUM DECISION AND ORDER

On April 26, 2001, petitioner Kandee Lewis, aka Kandee Denise Lewis, aka Kandee Gilbert-Lewis, filed the pending application for habeas corpus relief challenging her conviction and sentence in Los Angeles County Superior Court case no. BA164658. The petition raises the following claims: Grounds One and Three — Petitioner’s sentence violates her constitutional rights under the 5th and 14th amendments; Ground Two — -“Petitioner’s plea agreement was illegal and in contravention to [sic] her constitutional rights under the 5th and 14th amendments”; Ground Four — Petitioner’s constitutional right to effective assistance of counsel under the 6th amendment was violated; Ground Five — Application of the “Three Strikes Law” to convictions incurred in 1994 violates due process and the prohibition against ex post facto laws; and Ground Six — Petitioner’s sentencing violates the 8th Amendment proscription against cruel and unusual punishment.

On August 3, 2001, respondent filed a motion to dismiss the petition, arguing it is untimely and petitioner has failed to exhaust her state court remedies regarding Ground 2. The petitioner filed an opposition to the…