Ellawendy
Ellawendy v. Monterey County Superior Court
Opinion
Trial Court Opinion
BACKGROUND
15 In November 2018, Petitioner was charged via information in Monterey County 16 with stalking, two counts of assault with a deadly weapon, two counts of assault by means 17 likely to produce great bodily injury (enhanced for use of a deadly weapon), and 18 dissuading a witness from testifying. Dkt No. 12-2 at 21-28; People v. Ellawendy, No. 19 18CR007432; Cal. Penal Code §§ 646.9(a), 245(a)(1), 245(a)(4), 12022(b)(1), 136(a)(1). 20 In April 2019, Petitioner pled no contest to assault with a deadly weapon. Dkt No. 21 12-3 at 30-37. One month later, he was sentenced to two years in prison. Id. 22 23 24 25 1 Petitioner also had a second criminal case pending in Monterey County for distributing intimate images in violation of California Penal Code § 647(j)(4)(a). See Dkt No. 12-3 at 31; People v. Ellawendy, No. 18CR006985. Petitioner pled no contest to the charge and does not challenge the voluntariness of that plea here. On direct appeal, Petitioner’s appellate counsel filed a Wende2 brief, and Petitioner filed a brief on his own raising several issues. See Dkt No. 12-3 at 71-87, 95. Like Petitioner’s appellate counsel, the California…