Silva
(HC) Harms v. Silva
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GREGORY HARMS, No. 2:25-cv-1048 CSK P Petitioner, v. ORDER & FINDINGS &
RECOMMENDATIONS
EDWARD SILVA, Respondent. 16 I. INTRODUCTION Petitioner is a state prisoner, proceeding through counsel, with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2022 conviction for one count of forcible sexual penetration (Cal. Penal Code § 289(a)(1)(A)), one count of assault with intent to commit rape (Cal. Penal Code § 220), three counts of rape of a person incapable of giving consent (Cal. Penal Code § 261(a)(1)), and one count of sexual penetration of a person under the influence of an intoxicating or aesthetic substance (Cal. Penal Code § 289(e)). (ECF No. 1 at 2.) Petitioner is sentenced to a determinate sentence of 14 years followed by an indeterminate term with no parole eligibility for 15 years. (Id.) Pending before the Court is petitioner’s motion to stay this action…