Alvarez
Alvarez v. Robertson
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ROBERT TOBIAS ALVAREZ, Case No. 21-cv-04626-HSG
Petitioner,
ORDER DENYING PETITION FOR
v. WRIT OF HABEAS CORPUS;
DENYING CERTIFICATE
JIM ROBERTSON, OFAPPEALABILITY
Respondent.
12 Before the Court is the petition for a writ of habeas corpus of Petitioner Robert Tobias 13 Alvarez, brought pursuant to 28 U.S.C. § 2254, challenging the validity of his state court 14 conviction. (Dkt. No. 1.) Respondent has filed an answer to the petition (Dkt. No. 11-1), and 15 Petitioner has filed a traverse (Dkt No. 13). For the reasons set forth below, the petition is
DENIED.
I. PROCEDURAL HISTORY
18 In 2017, a Santa Clara County jury convicted Petitioner of first degree murder (Cal. Pen. 19 Code § 187) and three counts of robbery (Cal. Pen. Code § 211). (Dkt No. 12-7 at 214-19.) The 20 jury also found true the murder special circumstance allegation (Cal. Pen. Code § 190.2(a)(17)), 21 and criminal street gang allegations on the murder count and one robbery count (Cal.…