Barries

Barries v. Larson

Good Law
78 F. App'x 7
United States Court of Appeals for the Ninth CircuitAugust 6, 2003No. 02-15373; D.C. No. CV-99-00872-GEBCalifornia585 words

Opinion

Lead Opinion

MEMORANDUM **

Appellant Allen Arthur Barries entered a negotiated plea of no contest to grand theft (Pen.Code, § 487, subd. (a)) and admitted two prior serious felony convictions, both for robbery (§ 211), within the meaning of the three strikes law (§§ 667, subds. (b)—(i), 1170.12). Based on this “third strike,” Barries was sentenced to an indeterminate term of 25 years-to-life. After the California Court of Appeals affirmed the judgment and sentence, the California Supreme Court denied review, and the California courts subsequently denied Barries’ numerous habeas petitions, Barries filed a federal habeas petition with the U.S. District Court for the Eastern District of California. Barries appeals from *8 the denial of this petition. 1 We affirm the judgment of the district court.

I

Barries argues that the California Appeals Court’s determination that his plea was knowing and voluntary was contrary to U.S. Supreme Court precedent and based on an unreasonable interpretation of the facts. 2 After considering all of the relevant circumstances surrounding Barries’ guilty plea, Brady v. United States, 397 U.S. 742, 749 , 90 S.Ct. 1463 , 25 L.Ed.2d 747 (1970), we conclude that he…

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