Prescott

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

EARNEST L. PRESCOTT,

Case No. 5:16-cv-01359-EJD Petitioner, ORDER DENYING PETITION FOR v. WRIT OF HABEAS CORPUS 10 KELLY SANTORO, Re: Dkt. Nos. 1, 25 11 Respondent.

A California jury convicted Earnest L. Prescott of first-degree murder. The sentencing court applied an enhancement for the discharge of a firearm. He is currently incarcerated. He has petitioned this court for the writ of habeas corpus. For the reasons discussed below, the court denies the petition. I. Background Mr. Prescott was jointly tried with Jason Jones for the June 6, 2010 murder of James Johnson. The Alameda County jury convicted Mr. Prescott and acquitted Mr. Jones on June 8, 2012. The California Court of Appeal, in considering his direct appeal, described the facts of the case as follows: On June 6, 2010, James Johnson was shot and killed as he…