Wheeler

MEMORANDUM **

Darrell Wheeler appeals from the district court’s denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. Wheeler challenges the use of his 1990 conviction for assault as a serious prior felony, claiming that as part of his plea agreement to the assault charge, he and the State agreed that the conviction would only be used as a one-year sentence enhancement in the future. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253. We affirm the decision of the district court.

In 1990, Wheeler pleaded guilty to assault after striking a woman in the head with a brick. During the plea colloquy, the court, in listing the collateral consequences of the plea, stated, “If at any time in the future you are arrested and convicted of a new felony, this would act as a one-year prior.” In 2000, a jury convicted Wheeler of involuntary manslaughter. The state trial judge used the 1990 conviction as a serious prior felony, which doubled his sentence under California Penal Code section 667(e)(1).

We review de novo the district court’s decision to grant or deny a 28 U.S.C. § 2254 petition. See Luna v. Cambra, 306 F.3d 954, 959 (9th Cir.2002), as amended 311 F.3d 928…