(HC) Jacobo v. Stanislaus County Superior Court

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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8 ANGELO J. JACOBO IV, Case No. 1:22-cv-00022-AWI-SAB-HC

9 Petitioner, FINDINGS AND RECOMMENDATION

RECOMMENDING DENIAL OF PETITION

10 v. FOR WRIT OF HABEAS CORPUS 11 STANISLAUS COUNTY SUPERIOR

COURT,

12 Respondent. 13

14 15 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. § 2254. 17 I. 18 BACKGROUND1 19 On April 5, 2019, Petitioner got in a vehicle with other codefendants with the intention of 20 helping fire a gun at the victim. Petitioner traveled with other codefendants, found the victim, 21 and aided and assisted in having the gun fired at the victim. When Petitioner committed the 22 offense, he did so for the benefit of the Norteño criminal street gang. (RT2 12.) 23 On February 3, 2021, Petitioner pleaded no contest to Count II (assault with a firearm) 24 and admitted to the California Penal Code section 186.22(b)(1) criminal street gang enhancement 25 in exchange for a sentence of…