Horacio Cruz Amaya v. L.A. Martinez
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
9 HORACIO CRUZ AMAYA, also Case No. 2:23-cv-00559-WLH-SSC known as AARON ROJAS, Petitioner,
ORDER TO SHOW CAUSE WHY
v. PETITION FOR WRIT OF
HABEAS CORPUS SHOULD NOT
L. A. MARTINEZ,
BE DISMISSED
Respondent. 16 17 In his petition for habeas corpus, state prisoner Horacio Cruz Amaya challenges his indeterminate sentence as unconstitutional and illegal under California law. The Court has reviewed the petition as required by federal procedure and finds that the state-sentencing errors alleged do not present a federal question and are thus not cognizable on habeas review, and further that they plainly lack merit. Petitioner is ordered to show cause in writing why his petition should not be dismissed. 26 27 I On September 13, 2012, a Los Angeles County Superior Court jury convicted Petitioner1 of second-degree murder (Cal. Penal Code § 187(a)) and evading an officer causing death (Cal. Veh. Code §…