Rene Maldonado v. L. Martinez

Good Law
United States District Court, Central District of CaliforniaFebruary 5, 20242:23-cv-00188California2,754 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

10

RENE MALDONADO, ) NO. CV 23-188-DDP (AGR)

12 ) Petitioner, ) 13 ) )

L. MARTINEZ, Warden, ) ORDER TO SHOW CAUSE WHY

) PETITION FOR WRIT OF 15 Respondent. ) HABEAS CORPUS SHOULD ) NOT BE DISMISSED 16 ) ) 17 18 Petitioner has filed a Petition for Writ of Habeas Corpus by a Person in 19 State Custody (“Petition”), pursuant to 28 U.S.C. § 2254, challenging denial of 20 resentencing. On the face of the Petition, it appears the sole ground in the 21 Petition fails to state a cognizable claim for relief. 22 23 24 25 26 27 28 I. PROCEDURAL HISTORY In January 2006, a Los Angeles Superior Court jury found Petitioner guilty of two counts of attempted murder and two counts of being a felon in possession of a firearm (Cal. Penal Code §§ 187(a), 664, & 12021(a)(1)). (Dkt. No. 1 at 2, 197-98 1 (Case No. PA045406).) The jury also found true the allegations that the attempted murders were committed willfully, deliberately, and with premeditation; …

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