Foulk
(HC) Winn v. Foulk
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KASEEM J. WINN, No. 2:13-cv-2111 KJM AC P Petitioner, v. FINDINGS & RECOMMENDATIONS FRED FOULK, Respondent. 16 Petitioner is a state prisoner proceeding through counsel with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. 1. The action proceeds on the petition filed on October 11, 2013. Id. Respondent has answered (ECF No. 23), and petitioner did not file a traverse. I. Background The petition challenges petitioner’s 2010 conviction for numerous counts of sexual offenses against three minors, for which he was sentenced to an aggregate term of 138 years and eight months to life. ECF No. 1. Petitioner appealed to the California Court of Appeal, Third Appellate District. The Court of Appeal found that a clerical error existed on the abstract of judgment and that the trial court had failed to pronounce judgment on one of the counts. ECF No. 23-1 at 12. The trial…