Davis

(HC) Durham v. Davis

Caution
United States District Court, Eastern District of CaliforniaDecember 23, 20201:20-cv-01295California2,926 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TOBIEN P. DURHAM, No. 1:20-cv-01295-AWI-SKO (HC) Petitioner, FINDINGS AND RECOMMENDATION

TO DENY PETITION FOR WRIT OF

v. HABEAS CORPUS RON BROOMFIELD, Acting Warden, [TWENTY-ONE DAY OBJECTION

DEADLINE]

Respondent. 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The habeas petition presents several claims challenging the conviction. As discussed below, the Court finds the claims to be without merit and recommends the petition be DENIED. I. PROCEDURAL HISTORY On July 10, 2018, Petitioner pled guilty in Stanislaus County Superior Court to two counts of vehicular manslaughter (Cal. Penal Code § 191.5(a)) and one count of driving under the influence causing injury (Cal. Vehicle Code § 23153(a)). (Doc. 11-1 at 1.2) On August 10, 2018, Petitioner was sentenced to an aggregate prison term of 30 years pursuant to…

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