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

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

RODOLFO A. CONTRERAS, ) Case No.: 1:19-cv-01785-NONE-JLT (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATION TO ) DENY PETITION FOR WRIT OF HABEAS v. ) CORPUS ) J. W. SULLIVAN, Warden, ) [THIRTY DAY OBJECTION DEADLINE] Respondent. ) ) )

Petitioner is currently serving a sentence of twenty years to life after a jury found him guilty of second degree murder and driving under the influence causing injury. He filed the instant habeas petition challenging the conviction. As discussed below, the Court finds the claims to be without merit and recommends the petition be DENIED. I. PROCEDURAL HISTORY While under the influence of marijuana, Petitioner caused a traffic collision in Bakersfield that killed another driver, David A., and injured David's wife, Kathleen A. Petitioner was charged with and convicted by jury of second degree murder (Pen. Code, § 187, subd. (a) (count 1)), gross…