Covello

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JOSE GUADALUPE MENDOZA, ) Case No.: 1:19-cv-01521-NONE-JLT (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATIONS TO ) DENY PETITION FOR WRIT OF HABEAS v. ) CORPUS ) PATRICK COVELLO, Acting Warden of ) [THIRTY-DAY OBJECTION DEADLINE] Mule Creek State Prison, ) ) Respondent. )

In 2015, Petitioner used a firearm to kidnap and rob patrons at a gas station. After a jury found him guilty of various related crimes, he received a life-without-parole prison term. As discussed below, the Court finds the Petitioner’s claim to be without merit and recommends the petition be DENIED. I. PROCEDURAL HISTORY In an information filed March 13, 2015, Petitioner was charged with kidnapping to commit robbery (count 1; Pen. Code, § 209, subd. (b)); second degree burglary (count 2; § 460, subd. (b)); second degree robbery of Eulisses Mercado (count 3; § 212.5, subd. (c)); second degree robbery of Olivero Arvizu…