Pfeiffer

(HC) Cervantes v. Pfeiffer

Good Law
United States District Court, Eastern District of CaliforniaAugust 12, 20241:22-cv-00175California19,855 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CARLOS CERVANTES, No. 1:22-cv-00175-KES-SKO (HC) Petitioner, FINDINGS AND RECOMMENDATION

TO DENY PETITION FOR WRIT OF

v. HABEAS CORPUS TAMMY CAMPBELL, Acting Warden, [THIRTY-DAY OBJECTION DEADLINE] Respondent. 16 Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He is represented in this action by Aaron Spolin, Esq. This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. As discussed below, the Court finds the petition to be without merit and recommends it be DENIED. I. PROCEDURAL HISTORY On July 10, 2018, a Kern County jury found Petitioner guilty of two counts of first degree murder (Cal. Penal Code § 187(A)). (Doc. 40-2 at 16.) As to both counts, the jury found true a multiple murder special circumstance (Cal. Penal Code § 190.2(a)(3)), found that Petitioner personally and intentionally…

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