Diaz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM DALBY, No. 2:13-cv-1169 TLN KJN P Petitioner, v. FINDINGS & RECOMMENDATIONS RALPH DIAZ, Respondent. 16 BRIEF BACKGROUND AND RELEVANT INFORMATION Petitioner is a state prisoner, proceeding without counsel, with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. (See ECF No. 1.) Petitioner challenges his 2002 convictions for three counts of sodomy (Cal. Pen. Code, § 269(a)(3) [victim A]), eleven counts of rape (Cal. Pen. Code, § 269(a)(4) [victim C]), one count of oral copulation by force (Cal. Pen. Code, § 269(a)(4) [victim S]), one count of oral copulation (Cal. Pen. Code, § 288a(c)(1) [victim D]), continuous sexual abuse of victims A, C and S (Cal. Pen. Code, § 288.5(a)), and failure to appear (Cal. Pen. Code, 1320.5). (See LD 1.) Following a remand for resentencing after appeal to the California Court of Appeal, Third Appellate District (LD 2), ultimately, petitioner was 26 …