Espinoza

(HC) Velasquez v. Espinoza

Good Law
United States District Court, Eastern District of CaliforniaSeptember 22, 20202:18-cv-01995California8,675 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JASMINE MARIA VELASQUEZ, No. 2:18cv1995 WBS KJN Petitioner, v. FINDINGS & RECOMMENDATIONS JANEL ESPINOZA, Warden, Respondent. 16 I. Introduction Petitioner is a state prisoner, proceeding with counsel, with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges her 2015 convictions for possession of a firearm by a person adjudged a ward of the court and multiple counts of carjacking and robbery, with firearm and gang enhancements found to be true. (Cal. Pen. Code, §§ 29820, 215(a), 211, 12022(a)(1), 186.22(b)(1)&(4).) Petitioner was sentenced to a determinate term of 60 years, 4 months, and a consecutive indeterminate term of 90 years-to-life. Petitioner claims the gang enhancements imposed were not supported by sufficient evidence and reversal is required as a result of this constitutional error. // // // II. Procedural History On March 18, 2015, a jury found…

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