Medina

Medina v. Small

Good Law
5 F. App'x 695
United States Court of Appeals for the Ninth CircuitMarch 2, 2001No. 00-56087; D.C. CV-99-08535-DTCalifornia290 words

Opinion

Lead Opinion

*696 MEMORANDUM *

Jose Francisco Medina, a state prisoner, appeals the district court’s denial of his habeas petition filed under 28 U.S.C. § 2254 . He contends he received ineffective assistance of counsel during his state court trial and sentencing. Medina’s sentence was enhanced based on two prior convictions which constituted “strikes” under California Penal Code § 667(e) — (i). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Medina contends his counsel was ineffective for failing to effectively cross-examine fifteen-year-old David Klein, the victim and sole witness to the robbery. We disagree. The record reflects that Medina’s counsel challenged Klein’s credibility and brought out the inconsistencies in Klein’s testimony. Trial counsel’s performance was not deficient under the Strickland standard. See Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1983)

Medina further argues his counsel was ineffective because he failed to argue sufficiently mitigating factors at sentencing. Medina contends his counsel should have offered additional evidence to support the motion to strike his two prior convictions. He fails to specify…

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