Anthony Rios v. Silvia Garcia, Warden

We reverse the district court’s grant of a conditional writ of habeas corpus because the California Superior Court’s decision affirming the petitioner’s sentence was not contrary to or an unreasonable application of clearly established federal law. We are barred from affirming issuance of the writ on the alternative Sixth Amendment grounds asserted by the petitioner in his cross-appeal because he was not granted a certificate of appealability as to those issues.

I. BACKGROUND

In 1998, petitioner Anthony Rios stole from K-Mart two watches having a combined value of $79.98. A loss prevention officer chased Rios and, after a minor struggle, apprehended him in the parking lot.

The State of California (State) charged Rios with petty theft with a prior theft-related conviction under California Penal Code § 666, and second degree commercial burglary under California Penal Code § 459. The State alleged that Rios was eligible for sentence enhancement under California’s “Three Strikes law” because he had pled guilty to two counts of robbery in 1987. The State submitted an Abstract of Judgment from the 1987 proceeding. The Abstract erroneously stated that Rios had been convicted of two…