Flores
Flores v. Cueva
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 8 ERASMO FLORES, BK0548, Case No. 22-cv-09174-CRB (PR)
Petitioner,
ORDER TO SHOW CAUSE
v.
DANIEL CUEVA, Acting Warden, (ECF No. 4) Respondent.
Petitioner, a state prisoner incarcerated at California Medical Facility (CMF) in Vacaville, has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging a conviction and sentence from Santa Clara County Superior Court. He also seeks leave to proceed in forma pauperis (IFP) under 28 U.S.C. § 1915. BACKGROUND Petitioner pleaded no contest to a count of oral copulation with a child under 14 years old by force, violence, duress, menace or fear, and a count of lewd and lascivious act on a child under 14 years old by force, violence, duress, menace or fear. Before sentencing, petitioner moved to withdraw his plea, which the court denied. On August 1. 2019, petitioner was sentenced to the agreed-upon term of 15 years in state prison. …