Garcia

MEMORANDUM *

A California jury convicted Michael Angelo Garcia of three courts of robbery. Looking to the “last reasoned-state court decision,” Van Lynn v. Farmon, 347 F.3d 735, 738 (9th Cir.2003), we affirm the district court’s denial of Garcia’s § 2254 habeas petition.

The California Court of Appeal’s determination that Garcia’s November 28, 2000 Faretta motion was “untimely” and a “delaying tactic” was not “premised on ‘an unreasonable determination of the facts in light of the evidence presented.’ ” Plumlee v. Masto, 512 F.3d 1204, 1209 (9th Cir.2008) (en banc) (quoting 28 U.S.C. § 2254 (d)(2)). His request was made on the day scheduled for trial, not “weeks before trial.” See Marshall v. Taylor, 395 F.3d 1058, 1061 (9th Cir.2005). Garcia’s period of self-representation, succession of retained and appointed counsel and request for a 60-day continuance further support an inference of dilatory intent. See Hirschfield v. Payne, 420 F.3d 922, 926-27 (9th Cir.2005); Fritz v. Spalding, 682 F.2d 782, 784 (9th Cir.1982).

The California Court of Appeal did not unreasonably apply clearly established Supreme Court precedent in concluding that Garcia’s November 28 motion to discharge…