Gary Arland Mitchell v. Bob Goldsmith, Deputy Warden Arizona Attorney General

Gary Arland Mitchell, convicted of sexual assault by an Arizona state court, appeals the denial of his petition for writ of habeas corpus. We affirm.

Appellant was indicted on three counts of sexual assault in violation of A.R.S. § 13-1406 and one count of attempted sexual assault in violation of A.R.S. §§ 13-1001 and 13-1406. Count three, attempted sexual assault, was dismissed by the state and appellant was tried separately on counts one and two. He was found guilty by a jury of count one and not guilty by separate jury in a separate trial on count two. He pled guilty to count four. Both convictions were affirmed by the Arizona Court of Appeals, State v. Mitchell, 140 Ariz. 551 , 683 P.2d 750 (Ct.App.1984); and the Arizona Supreme Court denied review. Mitchell then filed a petition for writ of habeas corpus in the district court, which was denied. The case was taken under submission on April 12, 1988 and this court directed that counsel be appointed to represent Mitchell who thereafter filed a supplemental opening brief. The United States Supreme Court granted the state’s petition for writ of certiorari in Arizona v. Youngblood, — U.S. -, 109 S.Ct. 333 , 102 L.Ed.2d…