(HC)Lopez

(HC)Lopez v. Hixton

Good Law
United States District Court, Eastern District of CaliforniaMay 13, 20251:24-cv-01060California9,300 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

STEVEN MICHAEL LOPEZ, Case No. 1:24-cv-01060-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION

RECOMMENDING DENIAL OF PETITION

v. FOR WRIT OF HABEAS CORPUS

KEVIN HIXTON, ORDER DIRECTING CLERK OF COURT

TO RANDOMLY ASSIGN DISTRICT

Respondent. JUDGE

16 Petitioner, represented by counsel, is a state prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. BACKGROUND On November 22, 2019, Petitioner was convicted after a jury trial in the Tulare County Superior Court of discharging a firearm at an occupied vehicle, battery, and firearm possession. The jury also found various special allegations true. (ECF No. 1 at 21; 2 CT2 361–63.) On January 23, 2020, Petitioner was sentenced to an imprisonment term of six years for battery and forty-five years to life for discharging a firearm at an occupied vehicle. The sentence for firearm 26 …

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