Armando Ybarra v. M. Stainer

MEMORANDUM *

Armando Ybarra appeals the district court’s denial of his habeas corpus petition filed under 28 U.S.C. § 2254. Ybarra’s petition challenges the use of his 1998 conviction of dissuading a witness, in violation of California Penal Code § 136.1, as a strike prior for purposes of California’s three strikes law, CalPenal Code §§ 667(b)-(i), 1170.12. Ybarra argues that his 1998 plea agreement provided that the two offenses to which he was pleading guilty could not be charged as strike priors at any time in the future notwithstanding any changes in the law. We have jurisdiction under 28…