Richard Mesa v. B. Cates

BACKGROUND

Richard Mesa (“Petitioner”) was convicted of burglary, robbery, assault to commit a felony, and attempted robbery in April 2002. See Dkt. 1 (“Petition”) at 2. He appealed, and the California Court of Appeal affirmed. See https://appellatecases.courtinfo.ca.gov/search.cfm?dist=2 (Case No. B165911), and the California Supreme Court denied his petition for review on July 24, 2019. https://appellatecases.courtinfo.ca.gov/search.cfm?dist=0 (Case No. S126666). In April 2007, Petitioner filed in this Court a Petition for Writ of Habeas Corpus by a Person in State Custody. See Richard Mesa v. Larry Scribner, No. CV 07-02403-CJC (VBK) (C.D. Cal.), Dkt. 1 (“the Prior Case”). That petition was dismissed with prejudice. See id., Dkt. 24. On January 11, 2021, Petitioner constructively filed a habeas corpus petition in the Eastern District of California challenging his 2002 conviction, arguing his constitutional rights were violated by judicial factfinding instead of jury factfinding, insufficient evidence supported the finding that Petitioner’s previous convictions qualified as serious felonies, and by judicial factfinding beyond what a jury determined for the purpose of…