Espinoza
Espinoza v. Montgomery
Opinion
Lead Opinion
Rogers, J.
*1040 ORDER GRANTING RESPONDENT’S MOTION TO DISMISS; AND DENYING CERTIFICATE OF APPEALABILITY
Petitioner Carlos Espinoza, a state prisoner, filed the present petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 . Respondent moves to dismiss the petition on abstention grounds. Dkt. 5. Petitioner opposes the motion, and Respondent has filed a reply to the opposition. Dkts. 6, 7.
For the reasons discussed below, the motion to dismiss is GRANTED.
BACKGROUND
In 2012, a Monterey County jury convicted Petitioner of first degree murder, attempted premeditated and deliberate murder, and active participation in a criminal street gang. Dkt. 1-1 at 2. 1 The jury also found that Petitioner committed the murder and attempted murder for the benefit of a criminal street gang, and that in committing the aforementioned crimes, he personally used and intentionally discharged a firearm and proximately caused great bodily injury or death. Id.
On June 21, 2012, 2 the trial court sentenced Petitioner, who was seventeen years old at the time he committed the offenses, to an aggregate prison term of eighty-five years to life. Id.
On direct appeal, Petitioner contended: (1) the gang…