(HC) Love v. People of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANGELO MARTEL LOVE, No. 2:20-cv-0842 TLN KJN P Petitioner, v. FINDINGS & RECOMMENDATIONS SUZANNE M. PEERY, Respondent. 16 I. Introduction Petitioner is a state prisoner, proceeding without counsel, with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2018 conviction for corporal injury on a spouse and child endangerment; he was sentenced to six years and eight months in state prison. Petitioner claims that (1) defense counsel was ineffective by failing to object to the sentence because (a) it was illegal under California law; and (b) it was not the deal petitioner agreed to; (2) petitioner’s plea was not intelligent; (3) his case should be remanded to the trial court to exercise its discretion to strike his serious felony allegation under California Senate Bill 1393 (“SB 1393”); and (4) petitioner’s sentence violates double jeopardy and California state law. (ECF No.…