Martinez

(HC) Peacock v. Martinez

Good Law
United States District Court, Eastern District of CaliforniaJanuary 22, 20202:17-cv-01940California13,775 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

JAMES PEACOCK, No. 2:17-cv-01940 TLN KJN Petitioner, v. FINDINGS & RECOMMENDATIONS JOEL MARTINEZ, Warden, Respondent.

I. Introduction

Petitioner is a state prisoner, proceeding with counsel, with an application for a writ of

habeas corpus pursuant to 28 U.S.C. § 2254. He challenges his 2011 convictions for burglary,

petty theft, assault with a firearm, assault with a knife, and possession of a firearm by a felon.

Petitioner was sentenced to a total of thirty-one years, four months in state prison. Petitioner

asserts a total of two claims in violation of his federal constitutional rights. After careful review

of the record, this court concludes that the petition should be denied.

II. Procedural History

On October 11, 2011, a jury found petitioner guilty of the following crimes and related

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