(HC)Erhardt

(HC)Erhardt v. Fisher

Good Law
United States District Court, Eastern District of CaliforniaAugust 2, 20192:16-cv-01002California10,857 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRITZ ALFRED ERHARDT, No. 2:16-cv-1002 JAM KJN P Petitioner, v. FINDINGS & RECOMMENDATIONS RAYTHEL FISHER, JR., Respondent. 16 I. Introduction Petitioner is a state prisoner, proceeding without counsel, with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2012 conviction. After careful review of the record, this court concludes that the petition should be denied. II. Procedural History On March 26, 2012, a jury found petitioner guilty of one count of continuous sexual abuse of a child, and two counts of sexually assaulting a child. (Clerk’s Transcript (“CT”) 466.) On July 23, 2012, petitioner was sentenced to a total of sixteen years in state prison (two years on counts one and three, and twelve years on count two). (CT 467.) Petitioner appealed the conviction to the California Court of Appeal, Third Appellate District. The Court of Appeal affirmed the…

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