In re Whalen
Opinion
Opinion
Filed 6/12/
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
F085048
In re DANIEL LEE WHALEN, (Super. Ct. No. CRHC-16-005564)
On Habeas Corpus. OPINION
APPEAL from an order of the Superior Court of Stanislaus County. Linda A. McFadden, Judge.
Heather E. Williams, Federal Defender, Jennifer Mann and Karl Saddlemire, Assistant Federal Defenders, for Petitioner Daniel Lee Whalen. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, James William Bilderback II, Assistant Attorney General, Kenneth N. Sokoler, Ross K. Naughton and Catherine Tennant Nieto, Deputy Attorneys General, for Respondent the People. -ooOoo- Petitioner Daniel Whalen appeals the denial of his second state habeas corpus petition challenging the judgment of death he received after being convicted of the murder of Sherman Robbins in 1994. We conclude the certificate of appealability is fatally flawed and dismiss the appeal. We will remand for the court to either deny the certificate of appealability or issue a new one compliant with Penal Code sections 1509–…