Chaidez

ORDER DENYING PETITION FOR A WRIT OF HABEAS CORPUS

Petitioner, a state prisoner incarcerated at Mule Creek State Prison in lone, California, seeks a writ of habeas corpus under 28 U.S.C. § 2254 . Per order filed on October 11, 2001, the court found that the First Amended Petition stated colorable claims for relief under § 2254, when liberally construed, and ordered respondent to show cause why a writ of habeas corpus should not be granted. Respondent has filed an answer to the order to show cause and petitioner has filed a traverse.

STATEMENT OF THE CASE

Petitioner was convicted by a jury in the Superior Court of the State of California in and for the County of Santa Clara of two counts of attempted murder, two counts of rape, one count of forcible oral copulation, one count of dissuading a witness, four counts of corporal punishment on a cohabitant, and one count of forcible penetration with a foreign object. The jury also found true allegations that the attempted murder of one victim was premeditated and that both attempted murders involved the personal infliction of great bodily injury.

On March 4, 1997, the court imposed a life term for the attempted premeditated murder…