Ramirez

Ramirez v. Yates

Good Law
71 F. Supp. 3d 1100·2014 WL 5469001·2014 U.S. Dist. LEXIS 149699
United States District Court, Northern District of CaliforniaOctober 21, 2014Case No. C-03-1817 RMWCalifornia11,589 words

Opinion

Lead Opinion

Whyte, J.

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS AND DENYING CERTIFICATE OF AP-PEALABILITY

[Re Docket Nos. 120, 151, 157]

Anthony M. Ramirez (“Ramirez”) petitions for a writ of habeas corpus under 28 U.S.C. § 2254 . For the reasons set forth below, the petition for writ of habeas corpus is denied.

I. BACKGROUND

A state court in Marin County convicted Ramirez of residential burglary. At the second phase of Ramirez’s bifurcated trial the trial court found beyond a reasonable doubt that Ramirez suffered three prior first degree burglary convictions, one prior attempted first degree burglary, one prior second degree burglary conviction, one pri- or attempted second degree burglary conviction, and one narcotics sales conviction. Resp’t Ex. B, Rep.Tr. 549-550 Dkt. No. 129. The jury then examined certified documents related to those convictions and found the convictions true. Id. at 580-582 . The prior burglary convictions were alleged as “strikes” for the purposes of California’s Three Strikes scheme. Ramirez was sentenced to an indeterminate term of fifty years to life in state prison. Resp’t Ex. A, Ct. Tr. 46, Dkt. No. 126.

Ramirez appealed his conviction, which was affirmed by…

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