Burton
(HC) Hicks v. Burton
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CLIFTON ROBERT HICKS No. 2:18-cv-2237 JAM DB P Petitioner, v. FINDINGS AND RECOMMENDATIONS ROBERT BURTON, Respondent. 16 Petitioner, a state prisoner, proceeds pro se and in forma pauperis with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner challenges a judgment of convictions entered on March 10, 2017 in the Yolo County Superior Court. Petitioner stands convicted of second degree robbery, evading a police officer, attempted kidnapping, false imprisonment, and infliction of corporal injury. (ECF No. 17-1.) Petitioner claims: (1) breach of plea agreement by imposing an illegal strike; (2) his sentence was illegally enhanced by his prior convictions; (3) actual innocence of corporal injury offense; and (4) actual innocence of attempted kidnapping offense. For the reasons set forth below, this court recommends denying the petition. //// //// //// //// …