Lazano

I. BACKGROUND/PRIOR PROCEEDINGS

On February 17, 2012, Riley was charged with sodomy accomplished by means of force, violence, duress, menace , or fear of immediate and unlawful bodily injury (Counts 1, 2); forcible acts of sexual penetration by a foreign object (Count 3); and rape accomplished by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person (Counts 4, 5). The complaint further alleged as to all counts that Riley tied and bound the victim during the commission of the offenses, and that Riley had a prior felony conviction within the meaning of the Three Strikes law. Riley pleaded not guilty, denied the enhancement allegations, and proceeded to a jury trial. On direct appeal of his conviction, the California

Patrick Covello, Warden, Mule Creek State Prison, is substituted for Jared D. Lazano, former Warden, California Medical Facility. FED. R. CIV. P. 25(d). Court of Appeals recounted the following facts underlying the charges against Riley and the evidence presented at trial: Around midnight on December 6, 2011, [Riley] and his girlfriend Miriam Beard arrived at the victim’s apartment. Beard was the victim’s…