Unknown

Oscar Cedano v. Unknown

Good Law
United States District Court, Central District of CaliforniaJanuary 17, 20202:20-cv-00401California1,366 words

Opinion

trial_court Opinion

I. Introduction

On January 14, 2020, Petitioner, a California state prisoner proceeding pro se, filed an unsigned Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254 (the “Petition”). (Dkt. No. 1.) According to the Petition, Petitioner is challenging a November 9, 2017 conviction and May 3, 2017 sentencing for murder in the first degree in violation of California Penal Code § 190.2(a) with findings of special circumstances that the murder was: for financial gain (Cal. Pen. C. § 190.2(a)(1)); and accomplished by means of lying in wait (Cal. Pen. C. § 190.2 (a)(15)). (See Petition at 2.) Petitioner’s sentence was enhanced based on firearm use pursuant to Cal. Pen. C. § 122022.53(b), (c), and (d). (Id.) Petitioner was sentenced to a term of 25 years-to-life in state prison. (Id.)

The Petition indicates that it presents two grounds for federal habeas relief. (See Petition at 5.) However, Petitioner does not specify anywhere on the form Petition the exact nature of these claims or the facts supporting each ground. (See generally id.) Instead, next to “Ground One” and “Ground Two,” Petitioner simply states “Attachments.” (Id.) …

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