Frank Servillo v. People of The State of California

BACKGROUND

20 Frank Servillo (“petitioner”) initiated this action on May 4, 2021, by filing a Petition for Writ 21 of Habeas Corpus (“Petition”). The Petition challenges his conviction and sentence in Los Angeles 22 County Superior Court case number BA421848-01, in which a jury convicted petitioner of robbery 23 and a firearm allegation (Cal. Penal Code §§ 212.5, 12022.53(b)) in November 2014. Petitioner 24 25 26 27 28 1 was sentenced in January 2015 to a term of fifteen years in state prison.1 (ECF No. 1 at 22). The 2 Petition sets forth two grounds for relief: (1) petitioner’s sentence enhancement is “outdated” 3 because a new sentencing policy, Special Directive 20-14, supersedes the “Legal Policies Manual” 4 used by the trial court when imposing the enhancement; and (2) petitioner is entitled to a reduced 5 sentence enhancement pursuant to California Assembly Bill 1509 (“AB 1509”). (ECF No. 1 at 3-4). 6 7 II 8 DISCUSSION 9 Rule 4 of the Rules Governing Section 2254 Cases requires the Court to conduct a 10 preliminary review of the Petition. Pursuant to Rule 4, the Court must summarily dismiss…