Robertson

(HC) Palmero v. Robertson

Good Law
United States District Court, Eastern District of CaliforniaFebruary 17, 20211:20-cv-00413California4,013 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PETER PALMERO, No. 1:20-cv-00413-NONE-SKO (HC) Petitioner, FINDINGS AND RECOMMENDATION

TO DENY PETITION FOR WRIT OF

v. HABEAS CORPUS JIM ROBERTSON, Warden, [TWENTY-ONE DAY OBJECTION

DEADLINE]

Respondent. 16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He was found guilty of possessing a sharp instrument in a penal institution. He filed the instant habeas action challenging the conviction. He claims there was insufficient evidence to support the conviction. As discussed below, the Court finds the claim to be without merit and recommends the petition be DENIED. I. PROCEDURAL HISTORY On May 31, 2017, a Kern County jury found Petitioner guilty of possessing a weapon, specifically a sharp instrument, while in a penal institution in violation of Cal. Penal Code § 4502(A). (Doc. 24-4 at 127.1) On June 28, 2017,…

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