Peery

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL HECTOR VIERA, No. 2:19-CV-1573-WBS-DMC-P Petitioner, v. FINDINGS AND RECOMMENDATIONS SUZANNE M. PEERY, Respondent. 16 Petitioner, a state prisoner proceeding with counsel, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is respondent’s motion to dismiss (ECF No. 7). 20 I. BACKGROUND On October 29, 2010, petitioner Viera pled no contest to charges brought against him under California Penal Code § 273.5(a) with an enhancement under § 12022.7(a) (willfully inflicting corporal injury to a spouse or cohabitant with an enhancement for causing great bodily injury) in Solano County Superior Court, case number FCR276370. See ECF No. 1 at 5. Petitioner received a suspended seven-year prison sentence with the added terms of 210 days in county jail and three years of probation. See id. at 6. Petitioner claims he was denied…