Felts

MEMORANDUM ***

California state prisoner Felts appeals the denial of his habeas petition, claiming that his second sentence should be reduced by credits earned for prior time served.

Felts was tried and convicted in state court and sentenced in 1991 to sixty years in prison. The Ninth Circuit reversed the *375 conviction on collateral review because Felts had been denied the right to represent himself. Felts v. Gomez, 139 F.3d 904 (9th Cir.1998) (unpublished). In March 1999, back in state court, Felts pled no contest in a plea bargain on a new charge, stipulating that the facts used to support the earlier conviction would be sufficient to prove the new charge. Felts and his lawyer negotiated and accepted an offer with the state for a term of eight years with credit for time served going back to August 14, 1998, the date at which Felts’s case returned to the state court.

The state prosecutor submitted an affidavit clearly expressing that the new plea would be available only if Felts were to serve time in addition to the time he served between 1991 and 1998. Neither Felts nor his lawyer from that negotiation submitted any affidavit or evidence challenging this…