Valadez

Valadez v. Frauenheim

Good Law
United States District Court, Northern District of CaliforniaMarch 26, 20215:19-cv-06649California7,811 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 MICHAEL MAX VALADEZ, Case No. 19-06649-BLF (PR)

Petitioner,

ORDER DENYING PETITION FOR

v. WRIT OF HABEAS CORPUS;

DENYING CERTIFICATE OF

SCOTT FRAUENHEIM, Warden, APPEALABILITY; DIRECTIONS

TO CLERK

Respondent.

12 Petitioner has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging his 2014 criminal judgment. Dkt. No. 1 (“Petition”). Respondent filed an answer on the merits. Dkt. No. 14 (“Answer”). Petitioner filed a traverse. Dkt. No. 15 (“Traverse”). For the reasons set forth below, the petition is DENIED. I. BACKGROUND A jury convicted Petitioner of attempted murder and shooting at an inhabited dwelling. Ans., Ex. A at 369–72; see also Cal. Pen. Code, §§ 187, 246, 664. In addition, the jury found firearm and gang enhancements. See Cal. Pen. Code, §§ 186.22 (b)(1)(C) and (b)(4), 12022.53(d). Petitioner…

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