Cooper

Background

Michael Cooper, who was incarcerated at Lancaster State Prison, filed a self-represented petition under 28 U.S.C. § 2254 challenging a conviction from Alameda County Superior Court. He had pleaded no contest to first-degree robbery with firearm use and three consecutive counts of grand theft. He was sentenced to 18 years in state prison on October 21, 2013. Cooper reported that he had not filed any state-court petitions concerning the conviction.

Claim

Cooper alleged that three grand-theft counts were illegally added to his sentence. He stated that court and probation materials showed he had been involved only in an August 27, 2011 robbery, while the other robberies occurred on August 30, 2011. The court interpreted this as a claim that Cooper was sentenced for three uncharged grand-theft counts.

Court’s Analysis

The court identified several deficiencies. First, it explained that a no-contest plea has the same effect as a guilty plea. After such a plea, a federal habeas petition generally cannot challenge constitutional violations that occurred before the plea. The remaining challenges generally concern whether the plea was voluntary and informed or whether counsel’s advice to plead was adequate. Cooper’s petition did not present those types of challenges.

Second, the court said Cooper’s claims appeared unexhausted. A state prisoner generally must first give the state courts, including the highest available state court, a fair opportunity to decide each claim before seeking federal habeas relief. Cooper reported that he had not filed anything in state court concerning this conviction.

Third, the court found that Cooper’s allegations did not clearly support his assertion that he was sentenced for uncharged crimes. The reference to Counts 17, 18, and 19 suggested that the offenses may have been charged as counts. The attachment to the petition was a California Department of Corrections and Rehabilitation classification record, not a legal status summary or probation report, and it did not establish what the indictment charged or what supported the sentence. The court also said that any argument that Cooper should not have been sentenced for robberies he did not commit would be barred by his no-contest plea.

Ruling and Next Step

Judge Jon S. Tigar ordered Cooper to show cause—meaning to explain—why the petition should not be dismissed for failure to state a cognizable claim for federal habeas relief. The order gave Cooper 60 days from its issuance to respond. It stated that failure to comply with the deadline could result in dismissal under Federal Rule of Civil Procedure 41(b). The court did not dismiss the petition in this order.