Contreras

Contreras v. Gamboa

Good Law
United States District Court, Northern District of CaliforniaDecember 29, 20215:20-cv-06206California6,342 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 ERNESTO M. CONTRERAS, Case No. 20-6206-BLF (PR) Petitioner,

ORDER DENYING PETITION FOR

v. WRIT OF HABEAS CORPUS;

DENYING CERTIFICATE OF

MARTIN GAMBOA, Warden, APPEALABILITY; INSTRUCTIONS

TO CLERK

Respondent.

Petitioner has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging his 2016 criminal judgment and sentence. Dkt. No. 1. Respondent filed an answer on the merits. Dkt. No. 9. Petitioner filed a traverse. Dkt. No. 11. For the reasons set forth below, the petition is DENIED. I. BACKGROUND On June 28, 2016, after approximately eight days of evidence and argument and eight hours of deliberating—see dkt. No. 10-1 at 16-122—a Santa Clara County Superior Court jury found Petitioner guilty of two counts of oral copulation with a child ten years or younger (California Penal Code section 288.7(b), counts 1…

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