Negrete

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

INTRODUCTION

In this habeas case, petitioner raises three claims of error, which respectively assert violations of the Fifth, Sixth and Fourteenth, and Eighth Amendments. This order concludes that all of these claims fail, and therefore DENIES the petition. Judgment will be entered on behalf of respondent, and the clerk shall close the file.

STATEMENT

Following a jury trial, petitioner Jose Antonio Negrete was convicted of kidnapping (Cal.Pen.Code 207(a)) (Count One); sexual battery (Pen.Code 243.4) (Count Three); two counts of attempted rape with a foreign object (Pen.Code 664/289(a)) (Counts Four and Five); kidnapping with intent to commit rape or sodomy (the former Pen.Code 207/208(d)) (Count Seven); attempted sodomy (Pen.Code 664/286(d)) (Count Eight); attempted oral copulation (Pen.Code 664/288a(d)) (Count Eleven); sodomy by force (Pen.Code 286(c)) (Count Thirteen); and penetration by a foreign object (Pen.Code 289(a)) (Count Fourteen). With respect to Counts Thirteen and Fourteen, the jury also found true the allegation that the victim was kidnapped (Pen.Code 667.61(e)(1)) and that the kidnapping was for the purpose of…