McNatt
McNatt v. Gamboa
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 CHRISTOPHER MCNATT, Case No. 20-4921-BLF (PR) Petitioner,
ORDER DENYING PETITION FOR
v. WRIT OF HABEAS CORPUS;
DENYING CERTIFICATE OF
MARTIN GAMBOA, Warden, APPEALABILITY; INSTRUCTIONS
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 2016 criminal judgment. Dkt. No. 7 (“Petition”). Respondent filed an answer on the merits. Dkt. No. 12 (“Answer”). Petitioner did not file a traverse. For the reasons set forth below, the petition is DENIED. I. BACKGROUND A jury convicted Petitioner of second-degree murder and found that he used a deadly weapon. Ans., Ex. A at 769; see also Cal. Penal Code § 187(a), 12022(b)(1). Petitioner was sentenced to 15 years to life on the murder count, doubled because he had a prior strike, plus a five-year consecutive determinate term…