Schriro

*701 MEMORANDUM ***

Bobby Rydell Lee appeals the denial of his habeas corpus petition. His appeal raises multiple claims of ineffective assistance of counsel and an alleged violation of Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963). We affirm.

To establish ineffective assistance of counsel, Lee must show that his counsel’s performance “fell below an objective standard of reasonableness” and that he was prejudiced as a result. Strickland v. Washington, 466 U.S. 668, 687-88 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). Lee has not made this showing for any of his claims.

Lee’s trial counsel chose not to request a lesser included offense instruction on theft based on a reasonable strategy to force the jury to convict Lee of armed robbery or acquit him outright. Bashor v. Risley, 730 F.2d 1228, 1240-41 (9th Cir.1984) (holding counsel’s performance was sufficient even though he did not request a lesser included offense instruction). However, even if this tactical decision was deficient, Lee was not prejudiced. Because the jury was instructed on robbery, yet convicted Lee of armed robbery, there is no reason to conclude that the verdict would have been different…