Pirtle

MEMORANDUM **

Richard Lee Pirtle (“Pirtle”) appeals the denial of his 28 U.S.C. § 2254 habeas corpus petition, arguing that tainted identification evidence violated his due process rights and that he received ineffective assistance of counsel. Pirtle is currently serving a sentence of 24 years and 4 months in state prison for two counts of robbery with the personal use of a firearm in violation of California Penal Code §§ 211 and 12022.5(a)(1), two counts of assault with a semiautomatic firearm in violation of California Penal Code § 245(b)(2), and two counts of false imprisonment by violence in violation of California Penal Code § 236. As the record contains sufficient and independent evidence to sustain Pirtle’s conviction and no indication of ineffective assistance of counsel, we affirm.

I. BACKGROUND

On November 15, 1999, two individuals robbed an Advance America Check Cashing store and its two clerks at gunpoint. One, later identified as Pirtle, wore a blue bandana over his face, a dark jacket, and other dark clothing. He held a black 9-millimeter handgun. The other, later identified as co-defendant Garry A. Tor-rence (“Torrence”), wore a red nylon mask and other dark…