Alomari

(HC) Larios v. Alomari

Good Law
United States District Court, Eastern District of CaliforniaMay 29, 20251:24-cv-00302California5,087 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROQUE LARIOS, JR., No. 1:24-cv-00302-KES-SKO (HC) Petitioner, FINDINGS AND RECOMMENDATION

TO DENY PETITION FOR WRIT OF

v. HABEAS CORPUS ISMAEL ALOMARI, Warden, [21-DAY OBJECTION DEADLINE] Respondent. 16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. As discussed below, the Court finds the petition to be without merit and recommends it be DENIED. I. PROCEDURAL HISTORY On October 15, 2020, a Kern County jury found Petitioner guilty of attempted murder (Cal. Penal Code §§ 187/664) (Count One); and assault with a firearm (Cal. Penal Code § 245(a)(2)) (Count Two). People v. Larios, 2022 WL 13764789 (Cal. Ct. App. 2022); (Doc. 18-1, 21). Prior to jury deliberations, Petitioner pled no contest to illegal possession of a firearm (Cal.…

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