Drew

MEMORANDUM **

This is an appeal from the denial of a petition for a writ of habeas corpus filed by a state prisoner pursuant to 28 U.S.C. § 2254 . Appellant, Archie Lee Drew III, challenges his conviction for committing various sexual offenses against a victim who was mentally retarded and legally incapable of consenting to the acts that occurred. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm the denial of the petition for a writ of habeas corpus.

Following a jury trial, Drew was convicted of four counts of unlawful sexual intercourse with a non-spouse (Cal.Penal Code § 261(a)(1)); two counts of sodomy (CaLPenal Code § 286(g)); one count of oral copulation in concert (CaLPenal Code § 288a(d)); one count of unlawful oral copulation (CaLPenal Code § 288a(g)); and one count of penetration with a foreign object for the purpose of sexual arousal (CaLPenal Code § 289(b)). The trial court also found Drew had a prior conviction that qualified as a “strike” under CaLPenal Code §§ 667(a) and 667(b)-(i). Drew was sentenced to an aggregate prison term of 51 years. After his conviction was affirmed on appeal, and his state habeas petition was denied, Drew filed a petition for…