Gomez

Gomez v. Sullivan

Good Law
United States District Court, Northern District of CaliforniaOctober 16, 20203:19-cv-06129California8,525 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ELROY PEDRO GOMEZ, Case No. 19-cv-06129-SI

Petitioner,

ORDER DENYING PETITION FOR

v. WRIT OF HABEAS CORPUS

WILLIAM “JOE” SULLIVAN, Respondent.

12 Elroy P. Gomez filed this pro se action for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent has filed an answer to the petition. For the reasons discussed below, the Court denies the petition. 16 BACKGROUND Elroy P. Gomez challenges his conviction for attempted premeditated murder arising from an incident with the victim at Gomez’s home. In his federal petition for writ of habeas corpus, Gomez’s sole claim is that his constitutional right to effective assistance of counsel was violated “by the failure of his court-appointed attorney to advise and encourage him to accept the prosecution’s offer of a 9-year sentence.” Dkt. No. 1 at 39 (Petition). Gomez contends that he would have accepted the plea offer if…

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