Franklin

Franklin v. Small

Good Law
161 F. Supp. 2d 1087·2001 WL 1117674·2001 U.S. Dist. LEXIS 14704
United States District Court, Northern District of CaliforniaSeptember 20, 2001C99-5348 EDLCalifornia10,491 words

Opinion

Opinion

LaPORTE, J.

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

INTRODUCTION

Steve G. Franklin, a California prisoner incarcerated at Corcoran State Prison, filed this action for writ of habeas corpus pursuant to 28 U.S.C. § 2254 . Both petitioner and respondent consented to proceed before a United States Magistrate Judge. Franklin’s amended petition is now before the court for consideration on the merits. For the reasons discussed below, the court will deny the petition.

BACKGROUND

A. Procedural History

At a jury trial in the Alameda County Superior Court, Franklin was-found guilty of two counts of robbery and two counts of receiving stolen property. The jury also found that he had suffered several prior felony convictions, i.e., a 1973 assault with a deadly weapon conviction, a 1977 burglary conviction, four 1981 burglary convictions, and a 1990 robbery conviction. He was sentenced to a term of 120 years to life in prison on May 8, 1997. Franklin appealed his conviction; the California Court of Appeal affirmed the judgment of conviction and the California Supreme Court denied his petition for review. The California Supreme Court also denied Franklin’s petition for writ of habeas…

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