Tyler Reed Cossey v. Raul Morales

I. BACKGROUND

In 2013, Petitioner pled no contest to six counts of forcible rape and was sentenced to 46 years. See Petition at 1. In October 2024, Petitioner filed a “motion for recall of unlawful sentence,” which the trial court denied. See id. at 3, 24. Petitioner’s appeal was denied by the California Court of Appeal, see id. at 4, 28-31, and his petition for review was summarily denied by the California Supreme Court, see id. at 4-5, 33. Petitioner claims that the Superior Court committed plain error when it failed to resentence him under California Penal Code § 1172.1. See Petition at 5. He asserts that CDCR’s formal warning system has flagged “multiple violations of California’s consecutive sentencing architecture, including that the offense term exceeded the controlling principal.” Id. at 6.

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II. DISCUSSION

Federal habeas relief is available to state inmates who are “in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a). “Absent a showing of fundamental…