Garcia

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ELVIS LORENZO GARCIA, Case No. 17-cv-06377-EMC

8 Petitioner,

ORDER DENYING PETITION FOR

9 v. WRIT OF HABEAS CORPUS

10 M. ELIOT SPEARMAN, 11 Respondent.

12 13 I. INTRODUCTION 14 Elvis Lorenzo Garcia filed this action for a writ of habeas corpus pursuant to 28 U.S.C. 15 § 2254 to challenge his conviction and sentence from Santa Cruz County Superior Court. 16 Respondent has filed an answer to the petition, and Mr. Garcia has not filed a traverse. For the 17 reasons discussed below, the petition is denied. 18 II. BACKGROUND 19 A. The Crime 20 The California Court of Appeal described the evidence presented at trial:

21 In 2008, Jane Doe was a 23–year–old barista and manager at the Kind Grind coffee shop in Santa Cruz. On the morning of March 22 19, she arrived at the shop to prepare for opening. Shortly thereafter, defendant entered the shop, demanded money, and 23 sexually…