Frank
Frank v. Chavez
Opinion
Lead Opinion
Rogers, J.
(Dkt. Nos. 31, 32)
ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS AND CERTIFICATE OF APPEALABILITY; DENYING MOTIONS FOR JUDICIAL NOTICE AND TO RESTORE DISMISSED CLAIMS
INTRODUCTION
This matter is now before the Court for consideration of Raymond Timothy Frank’s (“Petitioner”) pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging his 2003 conviction in Contra Costa County Superior Court. For the reasons set forth below, the petition is DENIED. In addition, no certificate of appealability will be issued. The motions for-judicial notice and for to “revive” Claims 1-7 are DENIED.
BACKGROUND
On October 15, 2003, Petitioner was convicted by a Contra Costa County jury of two counts of corporal injury of a child (Cal. Penal Code § 273d(a)) and one count of assault causing the death of a child under the age of eight (Cal. Penal Code § 273ab), with one “strike” and a prior serious felony conviction. (Clerk’s Transcript (“CT”) Vol. 2, Ans. Exh. A, at 492-93.) He was sentenced to a term of sixty years and four months to life in prison. (Id. at 606-11.) The judgment was affirmed by the California Court of Appeal on May 10, 2007. (Ans.Exh. G.) The California…