Davis

Davis v. Woodford

Good Law
United States Court of Appeals for the Ninth CircuitApril 26, 200605-55164California2,789 words

Opinion

Opinion

BACKGROUND

On February 15, 1999, Petitioner argued with his landlady. She called 911 and reported that Petitioner had been brandish- ing a gun and had departed in a white Volkswagen. Two offi- cers responded to the call. They followed Petitioner’s car and ordered him to pull over. Petitioner disobeyed the order, drove back to the house, and ran up to the porch. The landlady slammed the door before Petitioner could enter, and the offi- cers apprehended him. A loaded gun slipped from his waist- band to the ground.

A 2000 information charged Petitioner with being a felon in possession of a firearm and with evading a police officer. 4828 DAVIS v. WOODFORD It further charged that Petitioner had nine prior serious felony convictions within the meaning of the Three Strikes Law; the first eight stemmed from robberies prosecuted in 1986.

It is clear that there were several different robberies under- lying the 1986 conviction, and the state filed two separate informations against Petitioner. He pleaded guilty to eight counts of robbery with the understanding that the two infor- mations would be consolidated into one and that there would be only one conviction on his…

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