Cabrera
Cabrera v. Cates
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JUAN ANTONIO CABRERA, Case No. 20-cv-01256-JST
Petitioner,
ORDER DENYING PETITION FOR
v. WRIT OF HABEAS CORPUS
BRIAN CATES, Re: ECF No. 20 Defendant.
12 Before the Court is Petitioner Juan Antonio Cabrera’s amended petition for a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 20. The Court will deny the petition and deny a certificate of appealability. I. PROCEDURAL HISTORY In 2014, a California jury found Cabrera guilty of fourteen counts of forcible lewd acts upon a child, Cal. Pen. Code § 288(b)(1), and two lesser included charges of assault, § 242, and battery, § 240. ECF No. 26-3 at 347–382. On January 16, 2015, the court sentenced Cabrera to a term of seventy-five years in prison. ECF No. 26-3 at 517–18. Cabrera appealed. On January 11, 2019, the California Court of Appeal affirmed Cabrera’s conviction, but modified the judgment to award Cabrera conduct credit for presentence …