Simon

INTRODUCTION

16 Petitioner is a state prisoner serving a twenty-year sentence pursuant to a plea deal. 17 Simon pleaded nolo contendere to attempted murder and second-degree robbery with use of a 18 deadly weapon. He seeks federal habeas corpus relief pursuant to 28 U.S.C. § 2254. 19

STATEMENT

20 A previous order has stated the facts of this case (Dkt. No. 129). In brief, in November 21 2002, Ibis Brignardello and her husband, Luis Perez Gardella, approached a church in Berkeley. 22 Petitioner Mar-Nique Simon allegedly approached the couple with a gun and began hitting 23 Gardella’s head with the gun. Gardella fell to the ground and each time he tried to get up, 24 Simon allegedly hit him back down. The police arrived and Simon fled. The cuts on Gardella’s 25 hands and face required sixty-five staples and twenty-three stitches. 26 In December 2003, Simon entered into a plea agreement and pleaded nolo contendere to 27 attempted murder and second-degree robbery with use of a deadly weapon. Simon received two 28 strikes for these offenses. In exchange, the prosecution dropped the remaining charges. In 1 March 2004, he was sentenced to twenty years in prison with…