Morales

Morales v. Scribner

Good Law

621 F. Supp. 2d 808·2008 WL 5055012·2008 U.S. Dist. LEXIS 98958

United States District Court, Northern District of CaliforniaNovember 25, 200805-03545 JSWCalifornia7,071 words

Opinion

White, J.

ORDER DENYING PETITION FOR A WRIT OF HABEAS CORPUS

Now before the Court is the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 filed by Jesus Morales (“Petitioner”), a prisoner of the State of California. After consideration of Petitioner’s claims on the merits, the petition for habeas corpus is DENIED.

PROCEDURAL BACKGROUND

On March 18, 2003, Petitioner was convicted of forcible rape, in violation of California Penal Code § 261(a)(2), and forcible sexual battery, in violation of California Penal Code § 243.4(c). (CT 220-23.) Petitioner was sentenced to eight years for the rape, plus two consecutive years for the battery, for a total of ten years. (CT 231-34.) Petitioner appealed his conviction to the California Court of Appeal, which affirmed the judgment on December 13, 2004. People v. Morales, No. A102884, 2004 WL 2850547 , at *1 (Cal.Ct.App. Dec.13, 2004). Petitioner then filed a petition for writ of habeas corpus in the California Court of Appeal, which was denied on December 13, 2004. Id. at *10, n. 4 . The California Supreme Court denied Petitioner’s petition for review on February 23, 2005. People v. Morales, No. S130807, 2005 Cal. LEXIS 2151 , at *1…

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