Pfeiffer

(HC) Pagan v. Pfeiffer

Good Law
United States District Court, Eastern District of CaliforniaSeptember 28, 20202:18-cv-00240California6,751 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NICO PAGAN, No. 2:18cv0240 MCE KJN Petitioner, v. FINDINGS & RECOMMENDATIONS CHRISTEN PFEIFFER, Warden, Respondent. 16 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 a 2014 conviction for second degree robbery (Cal. Pen. Code, § 211 [count 8]). Petitioner was originally sentenced to eighteen years in state prison on four counts of robbery. More particularly, petitioner claims there was insufficient evidence at trial to support a finding that he aided and abetted the armed robbery of a 7-Eleven in Sacramento as alleged in count eight and that reversal is required as a result of this constitutional error. // // // // II. Procedural History By amended information dated May 6, 2014, petitioner was charged with four counts of second degree robbery (Cal. Pen. Code,1…

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