Espinoza

(HC) Franco v. Espinoza

Good Law
United States District Court, Eastern District of CaliforniaJanuary 23, 20201:18-cv-00057California1,018 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARIA ANTONIA FRANCO, No. 1:18-cv-00057-DAD-SKO (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DENYING

JANEL ESPINOZA, PETITION FOR WRIT OF HABEAS

CORPUS

Respondent. (Doc. No. 29)

17 Petitioner Maria Antonia Franco is a state prisoner proceeding with counsel with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On June 6, 2019, the assigned magistrate judge issued findings and recommendations recommending that the pending petition be denied on the merits. (Doc. No. 29.) Specifically, the magistrate judge found that each of the three grounds for habeas relief asserted in petitioner’s pending petition—(1) the prosecution failed to prove beyond a reasonable doubt that petitioner personally discharged a firearm that caused great bodily injury; (2) the trial court…

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