Facts

Petitioner was a state prisoner serving 35 years for second degree robbery and assault with a deadly weapon by means likely to produce great bodily injury. He brought a petition for writ of habeas corpus in federal court pursuant to 28 U.S.C. Section 2254.

PETITIONER'S CONTENTIONS:
Petitioner contended there was insufficient evidence to support his convictions and gang enhancement. He also claimed ineffective assistance of trial counsel.

RESPONDENT'S CONTENTIONS:
Respondent contended that the petition should be dismissed because it contained an unexhausted claim and that alternatively, the unexhausted claim should be stricken.

Result

The court dismissed the petition.

Other Information

FILING DATE: April 22, 2016.