Molinar
Molinar v. Newland
Opinion
Opinion
Illston, J.
ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS
On August 11, 1999, Antonio Molinar (“Molinar”), a prisoner at California Department of Corrections, at Vacaville, California, filed a timely Petition for Writ of Habeas Corpus in this Court pursuant to 28 U.S.C. § 2254 . On February 29, 2000, this Court ordered respondents to show cause why the writ should not be issued. On May 9, 2000, respondent filed an Answer to Petition for Writ of Habeas Corpus. Petitioner did not file a traverse.
BACKGROUND
On May 23, 1996 in the Superior Court of Contra Costa County, Molinar was convicted of numerous counts of sexual abuse of four female minors. He was sentenced to 23 years in prison. CT 350-351, 353-354. He appealed to the California Court of Appeal, which affirmed the conviction on March 26, 1997. The California Supreme Court denied review on June 11, 1997.
Beginning on June 29, 1998, petitioner filed petitions for a writ of habeas corpus in the Contra Costa County Superior Court, alleging that he was denied his due process right to plead guilty to the charges in exchange for a sentence of 10 years, 6 months initially offered by the Contra Cos-ta County Superior Court Judge. Petition…