(HC) Wandick v. Central California Women's Facility

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KRYSTAL WANDICK, Case No. 1:20-cv-00745-KES-HBK (HC) Petitioner, FINDINGS AND RECOMMENDATIONS TO

DENY PETITION AND DECLINE TO ISSUE

v. A CERTIFICATE OF APPEALABILITY 1 CENTRAL CALIFORNIA WOMEN’S FOURTEEN-DAY OBJECTION PERIOD

FACILITY,

15 Respondent.

17 I. STATUS AND PROCEDURAL BACKGROUND Petitioner Krystal Wandick (“Petitioner” or “Wandick”), a state prisoner, is proceeding pro se on her Petition for Writ of Habeas Corpus filed under 28 U. S.C. § 2254 on May 28, 2020. (Doc. No. 1, “Petition”). Petitioner challenges her judgement of conviction after a jury trial for: (1) voluntary manslaughter in violation of Penal Code § 192(a) and (2) assault with a firearm in violation of Penal Code § 245(a)(2), for which she was sentenced by the Kern County Superior Court to a determinate term of twenty-one (21) years for the count 1 offense, consisting of the upper term of eleven (11) years and a consecutive upper term of ten (10)…