Cerda

Cerda v. HEDGPETCH, KERN STATE PRISON

Good Law

744 F. Supp. 2d 1058·2010 WL 3928993·2010 U.S. Dist. LEXIS 106660

United States District Court, Central District of CaliforniaOctober 5, 2010CV 08-0920 DSF (AJW)California6,407 words

Opinion

Fischer, J.

ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE

The Court has reviewed the entire record in this action, the Report and Recommendation of Magistrate Judge (“Report”), and respondent’s objections. The Court concurs with and adopts the findings of fact, conclusions of law, and recommendations contained in the Report after having made a de novo determination of the portions to which objections were directed.

REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE

Facts

On November 17, 2005, petitioner was charged by felony complaint with two counts of possession of a controlled substance. The complaint also alleged that petitioner had suffered a prior felony conviction for assault with a deadly weapon or with force likely to produce great bodily injury. [Lodged Document (“LD”) 12; Evidentiary Hearing Exhibit (“EH Ex.”) 101],

Petitioner met his appointed counsel, Deputy Public Defender Roger Whitenhill, on November 18, 2005. [Evidentiary Hearing Transcript (“EHT”) 7]. At the time, Whitenhill possessed a copy of the complaint against petitioner, which includ ed Deputy District Attorney John Urgo’s hand-written initial plea offer in the top right-hand corner of the first page.…

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