Sullivan

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

CARL OTIS SULLIVAN,

Case No. 5:17-cv-05174-EJD Plaintiff, ORDER DENYING DEFENDANT’S v. PETITION FOR WRIT OF HABEAS CORPUS (28 U.S.C. § 2254)

WILLIAM MUNIZ,

Re: Dkt. No. 1 Defendant.

Sullivan was convicted by a jury in the Superior Court of the State of California in and for the City and County of San Francisco of first-degree burglary. After waiving a jury for proof of prior convictions, the trial court found that a February 13, 1998 robbery conviction was a strike and a serious felony, but that the prosecution failed to prove the other special allegations. On March 14, 2014, Sullivan was sentenced to a state prison term of nine years. On February 11, 2016, the First District California Court of Appeal upheld the trial court’s decision that the prosecutor’s peremptory strike was not a racially…