(HC) Diaz v. State of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTONIO DIAZ, No. 1:23-cv-01783-KES-SKO (HC) Petitioner, FINDINGS AND RECOMMENDATION
TO DENY PETITION FOR WRIT OF
v. HABEAS CORPUS RYAN ANDERSON, [THIRTY-DAY OBJECTION DEADLINE] Respondent. 16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He is currently in state prison serving a sentence of 29 years-to-life pursuant to a judgment of the Kern County Superior Court. As discussed below, the Court finds the petition to be without merit and recommends it be DENIED. I. PROCEDURAL HISTORY On May 20, 2021, a Kern County jury found Petitioner guilty of attempted murder (Cal. Penal Code § 182(A)(1)), conspiracy (Cal. Penal Code § 664/187(A)), assault with a deadly weapon (Cal. Penal Code § 245(A)(1)), first degree burglary (Cal. Penal Code § 460(A)), false imprisonment (Cal. Penal Code § 236), and willful cruelty (Cal.…