Burton

(HC) Henry v. Burton

Good Law
United States District Court, Eastern District of CaliforniaJune 30, 20232:22-cv-00609California1,607 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT HENRY, No. 2:22-CV-0609 KJM DB Petitioner, v. FINDINGS AND RECOMMENDATIONS ROBERT BURTON, Respondent. 16 Petitioner Robert Henry, a state prisoner, proceeds pro se and in forma pauperis with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner challenges a judgment of conviction for murder entered in 1986 in the Solano County Superior Court. For the reasons set forth below, this Court recommends dismissing the petition for lack of jurisdiction. I. Background In 1986, a jury convicted petitioner of first degree murder on theories or aiding and abetting and transferred intent. (ECF No. 13-5 at 226.) The jury also found as true special allegations that petitioner was armed with a firearm during the offenses and carried out the murder intentionally and for financial gain. The trial court sentenced him to life imprisonment without the possibility of parole. (Id.) In 1988, the…

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