(HC) Loera v. People of the State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JCONCEPICON HERNANDEZ LOERA, No. 2:18-cv-0853 KJM KJN Petitioner, v. FINDINGS & RECOMMENDATIONS PEOPLE OF THE STATE OF

CALIFORNIA,

15 Respondent.

17 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 2015 conviction for oral copulation of a person under fourteen years of age, continuous sexual abuse, and lewd act upon a child. Petitioner was sentenced to sixteen years in state prison. Petitioner claims that there was insufficient evidence to support his conviction for committing a lewd and lascivious act upon a child, and also claims trial counsel was ineffective for failing to object to the trial court’s imposition of a mid-term sentence for the crime of continuous sexual abuse when it relied upon two particular aggravating factors. After careful review of the record, this court concludes that the petition…