Alvarez
Alvarez v. People of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
PEDRO ALVAREZ, Case No. 19-cv-08383-VC
Petitioner, ORDER DENYING PETITION FOR
WRIT OF HABEAS CORPUS;
v. DENYING CERTIFICATE OF
APPEALABILITY; DIRECTIONS TO
JAMES ROBERTSON, CLERK
Respondent.
Pedro Alvarez has filed a pro se petition for a writ of habeas corpus under 28 U.S.C Section 2254 challenging the validity of his state criminal conviction. Alvarez asserts the following claims: (1) improper consolidation of cases; (2) insufficient evidence; (3) Miranda violation; and (4) prosecutorial misconduct. The petition is denied.
PROCEDURAL BACKGROUND
On May 23, 2016, the Monterey County district attorney filed an amended information against Alvarez involving three prison incidents. The charges were three counts of custodial possession of a weapon, two counts of assault by a state prisoner, and one count of attempted murder. Dkt. No. 13-1 at 2-5. Regarding the custodial weapons counts, the information alleged that Alvarez personally used a deadly weapon. Id. It also alleged that Alvarez had suffered four previous strike convictions. Id. On May…