(HC)Ponce
(HC)Ponce v. State of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TONY E. PONCE, Case No. 1:21-cv-01727-KES-HBK (HC) Petitioner, FINDINGS AND RECOMMENDATIONS TO
DENY PETITION FOR WRIT OF HABEAS
v. CORPUS AND DECLINE TO ISSUE
CERTIFICATE OF APPEALABILITY
CHRISTIAN PFEIFFER,
FOURTEEN-DAY OBJECTION PERIOD
Respondent.
16 17 I. STATUS Petitioner Tony E. Ponce (“Petitioner” or “Ponce”), a state prisoner, is proceeding pro se on his Second Amended Petition for Writ of Habeas Corpus filed under 28 U. S.C. § 2254 on February 25, 2022. (Doc. No. 12, “Petition”). Petitioner challenges his convictions following a jury trial for (1) murder in violation of Penal Code § 187(a) with a gang special circumstance pursuant to Penal Code § 190.2(a)(22) and gang and firearm enhancements pursuant to Penal Code §§ 186.22(b)(1)(C) and 12022.53(d) and (e)(1); and (2) criminal street gang conspiracy in violation of Penal Code § 182.5 with an additional firearm enhancement. (Case No. 26 …