(HC) Garcia v. The People of the State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ARMANDO JOSEPH GARCIA, No. 2:15-CV-2441 MCE AC Petitioner, v. FINDINGS AND RECOMMENDATIONS WARDEN, Respondent. 16 Petitioner is a California state prisoner proceeding pro se with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner was convicted in 2008 of receiving stolen property, and he received a 25 years to life sentence of imprisonment under California’s “three strikes” law. The instant petition challenges the 2013 denial of resentencing under the Three Strikes Reform Act, California Penal Code § 1170.126. ECF No. 1. Respondent has answered. ECF No. 18. Petitioner did not file a traverse. BACKGROUND I. Proceedings In the Trial Court A. Conviction Sentence Petitioner was arrested in December 2007 in Shasta County and charged with first degree residential burglary, grand theft of a firearm, receiving stolen property, and related 28 …