Lopez

Lopez v. Candelaria

Good Law
19 F. App'x 649
United States Court of Appeals for the Ninth CircuitSeptember 21, 2001No. 00-55896; D.C. No. CV-99-00044-RTCalifornia1,062 words

Opinion

Lead Opinion

MEMORANDUM *

Manuel Lopez appeals the denial of his motion to vacate his sentence and conviction under 28 U.S.C. § 2254 . Lopez contends that his attorney, Ms. Mary Logger, provided ineffective assistance when she (1) informed Lopez that California legislators were considering introducing legislation that could affect his conviction on a third strike; and (2) permitted Lopez to rely on this speculative benefit in making his decision to enter a guilty plea. Because his attorney’s representation was “within the range of competence demanded of attorneys in criminal cases,” 1 we affirm.

ANALYSIS

A claim of ineffective assistance of counsel presents a mixed question of law and fact which we review de novo. 2 However, the findings of fact that undergird that decision are reviewed for clear error.

Strickland v. Washington’s 4 two-part test “ ‘applies to challenges to guilty *650 pleas based on ineffective assistance of counsel.’ ” 5 To show such ineffective assistance, the test obliges a convicted defendant to show both that his counsel’s performance was deficient and that the deficient performance prejudiced his defense.

Lopez fails to demonstrate either of these requisites. In…

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