Burton
(HC) Quinnine v. Burton
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDRE QUINNINE, No. 2:20-cv-0431 JAM KJN P Petitioner, v. FINDINGS AND RECOMMENDATIONS ROBERT BURTON, WARDEN, Respondent. 16 I. Introduction Petitioner is a state prisoner, proceeding without counsel. Petitioner challenges his 2017 conviction for second degree robbery with two prior second degree robbery convictions that constituted strikes under California’s Three Strikes Law. Petitioner was sentenced to twenty-five years-to-life, plus ten years. Petitioner contends he received ineffective assistance in violation of the Sixth Amendment based on defense counsel’s failure to object to the characterization of his prior conviction as violent rather than serious, and failure to object to the record analyst’s affidavits based on a violation of the Confrontation Clause, and petitioner claims he received a grossly disproportionate and excessive sentence. (ECF No. 1 at 5-6.) As set forth below, the undersigned…