(HC) Diaz v. State of California

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTONIO DIAZ, No. 1:23-cv-01783-KES-SKO (HC) 12 Petitioner, FINDINGS AND RECOMMENDATION

TO DENY PETITION FOR WRIT OF

13 v. HABEAS CORPUS 14 RYAN ANDERSON, [THIRTY-DAY OBJECTION DEADLINE] 15 Respondent. 16 17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254. He is currently in state prison serving a sentence of 29 years-to-life 19 pursuant to a judgment of the Kern County Superior Court. As discussed below, the Court finds 20 the petition to be without merit and recommends it be DENIED. 21 I. PROCEDURAL HISTORY 22 On May 20, 2021, a Kern County jury found Petitioner guilty of attempted murder (Cal. 23 Penal Code § 182(A)(1)), conspiracy (Cal. Penal Code § 664/187(A)), assault with a deadly 24 weapon (Cal. Penal Code § 245(A)(1)), first degree burglary (Cal. Penal Code § 460(A)), false 25 imprisonment (Cal. Penal Code § 236), and willful cruelty (Cal.…