Garcia
Garcia v. Spearman
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ELVIS LORENZO GARCIA, Case No. 17-cv-06377-EMC
Petitioner,
ORDER DENYING PETITION FOR
v. WRIT OF HABEAS CORPUS
M. ELIOT SPEARMAN, Respondent.
12 I. INTRODUCTION Elvis Lorenzo Garcia filed this action for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 to challenge his conviction and sentence from Santa Cruz County Superior Court. Respondent has filed an answer to the petition, and Mr. Garcia has not filed a traverse. For the reasons discussed below, the petition is denied. II. BACKGROUND A. The Crime The California Court of Appeal described the evidence presented at trial:
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 19, she arrived at the shop to prepare for opening. Shortly thereafter, defendant entered the shop, demanded money, and sexually…