Carlos Arteaga v. Ken Clark

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 CARLOS ARTEAGA, Case No. 2:19-cv-07305-ODW (AFM) Petitioner, ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS v.

WITHOUT PREJUDICE

14 KEN CLARK, Warden, 15 Respondent. 16 17 Petitioner, a state prisoner, filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 in the United States District Court for the Eastern District of California. The case was subsequently transferred to this Court. (ECF No. 5.) The petition challenges Petitioner’s conviction of two counts of attempted murder in Los Angeles County Superior Court case number LA081087. (ECF No. 1.) It raises two grounds for relief: (1) the trial court’s failure to instruct the jury regarding lesser offenses deprived Petitioner of his constitutional rights; and (2) Petitioner’s case should be remanded to the trial court for resentencing pursuant to California Senate Bill 620. (ECF No. 1 at 6, 8 (referring to ¶ 9(f) of the petition as setting out the two grounds).) 28…