(HC) Hickman v. People of State of California

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KEVIN DUANE HICKMAN, No. 2:18-cv-02967-KJM-CKD P 12 Petitioner, 13 v. FINDINGS & RECOMMENDATIONS 14 PEOPLE OF THE STATE OF

CALIFORNIA,

15 Respondent. 16 17 I. Introduction 18 Petitioner is a state prisoner, proceeding without counsel, with an application for a writ of 19 habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2016 conviction for 20 multiple counts of kidnapping, forcible rape, and forcible oral copulation. Petitioner was 21 sentenced to 100 years to life in prison, plus a determinate term of 11 years, eight months. 22 Petitioner claims that (1) the prosecutor knowingly presented false testimony during trial, (2) 23 there is insufficient evidence to sustain his conviction, and (3) the record does not support 24 concurrent sentences for rape (count five) and oral copulation (count six). After careful review of 25 the record, this Court concludes that the petition should be denied. 26 II. Procedural History 27 On October 6, 2016, a jury…