Ellawendy

Ellawendy v. Monterey County Superior Court

Good Law
United States District Court, Northern District of CaliforniaJanuary 10, 20235:20-cv-02708California4,444 words

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…

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