DeBarge

MEMORANDUM *

Terry L. Stewart, Director of the Arizona Department of Corrections, appeals the district court’s grant of John DeBarge’s petition for a writ of habeas corpus. We affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

DeBarge contends that his state trial counsel ineffectively assisted him, depriving him of his Sixth Amendment right to counsel. A convicted defendant seeking to overturn his conviction or sentence on the basis that he was denied effective assistance of counsel must establish that: (1) counsel’s performance was deficient and (2) the deficient performance prejudiced the defense. Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

DeBarge’s counsel’s failure to request a jury instruction on lesser included offenses to the charge of intentional child abuse was objectively unreasonable under the Strickland standard. United States v. Span, 75 F.3d 1383, 1387 (9th Cir.1996) (holding that counsel’s performance may be constitutionally deficient if counsel fails to request appropriate jury instructions, including lesser included offense instructions.) A…