Calloway

Calloway v. Baker CA1/5

Good Law
Court of Appeal of CaliforniaMay 14, 2015A141227California867 words

Opinion

Opinion

Simons, J.

BACKGROUND

In December 2002, appellant was sentenced to 30 years and 4 months to life in prison following a jury verdict convicting him of attempted voluntary manslaughter (Pen. Code §§ 192, 664),1 assault with a semi-automatic firearm (§ 245, subd. (b)), and two counts of attempted carjacking (§§ 215, 664). Respondent represented appellant in post-conviction proceedings. In August 2005, the judgment was affirmed on direct appeal and a petition for habeas corpus was denied. In June 2006, appellant’s petition for habeas corpus was denied by the California Supreme Court. In October 2009, a petition for habeas corpus was denied in the federal district court for the Northern District of California.

1 All undesignated statutory references are to the Penal Code.

1 In December 2011, appellant filed another petition for habeas corpus, this time in the Contra Costa County Superior Court and apparently represented himself. Appellant contended his trial and appellate counsel were ineffective and “the gunshot wound to the victim did not provide an evidentiary basis for a finding of the infliction of great bodily injury.” The superior court acknowledged trial counsel’s “well documented…

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