Hart
Hart v. People of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 STEPHEN S. HART, Case No. 22-cv-07346-HSG
Petitioner, ORDER OF DISMISSAL v.
PEOPLE OF CALIFORNIA, Respondent.
12 Petitioner Stephen S. Hart has filed this pro se petition for a writ of habeas corpus. For the reasons set forth below, this petition for a writ of habeas corpus is DISMISSED with prejudice and a certificate of appealability is DENIED. Petitioner’s request to proceed in forma pauperis is GRANTED. Dkt. No. 5. DISCUSSION I. Petition On October 28, 1996, Petitioner pled guilty in Sonoma County Superior Court to one count of misdemeanor statutory rape, Cal. Penal Code § 261.5(b), and one count of felony statutory rape, Cal. Penal Code § 261.5(c), with the plea agreement providing that after Petitioner completed his sentence, the felony count would be downgraded to a misdemeanor. Dkt. No. 1 at 1-2. After completing his sentence, Petitioner petitioned to have his felony count dropped to…