Joshua Hernandez v. The People of the State of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
10 11 JOSHUA HERNANDEZ, ) Case No. 2:20-cv-05930-JLS-JC ) Petitioner, ) ) ORDER TO SHOW CAUSE WHY THIS v. ) ACTION SHOULD NOT BE ) DISMISSED
THE PEOPLE OF THE STATE )
OF CALIFORNIA, ) ) Respondent. )
I. PROCEEDINGS
18 On June 28, 2020, petitioner Joshua Hernandez, proceeding pro se, signed 19 and is deemed to have constructively filed a Petition for Writ of Habeas Corpus by 20 a Person in State Custody with attachments (“Petition”) pursuant to 28 U.S.C. 21 § 2254, which was formally filed on June 30, 2020. Construing the Petition 22 liberally, petitioner appears to challenge (1) a 14-year sentence imposed on April 23 25, 2011 in Los Angeles County Superior Court Case No. BA369107 (the “2011 24 Case”), claiming that the court deprived petitioner of due process by refusing to 25 strike, pursuant to California Penal Code section 1385, prior conviction 26 enhancements under California Penal Code sections 667(a)(1) (five years) and…