Sullivan

(HC) Cervantes v. Sullivan

Good Law
United States District Court, Eastern District of CaliforniaMarch 16, 20211:20-cv-00188California856 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RUBEN TONY CERVANTES, No. 1:20-cv-00188-NONE-JLT (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

v. § 2254 PETITION W.J. SULLIVAN, Warden, (Doc. Nos. 1, 20) Respondent. 16 Petitioner Ruben T. Cervantes is a state prisoner proceeding in propria persona with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner was convicted by a Kern County Superior Court jury of two counts of attempted deliberate and premeditated murder in violation of California Penal Code, §§ 664, 189 and one count of infliction of corporal injury to a spouse in violation of Penal Code § 273.5(a). People v. Cervantes, No. F073341, 2018 WL 4443814, at *1 (Cal. Ct. App. Sept. 18, 2018); (see also Doc. No. 1 ¶ 6). On appeal, the California Court of Appeal affirmed the judgment of conviction for the most part1 and rejected petitioner’s contention the evidence admitted at his trial was insufficient…

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