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Sandoval v. Haviland

June 15, 2009

ANDREW J. SANDOVAL, PETITIONER,
v.
J.W. HAVILAND, RESPONDENT.



The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS, DIRECTING CLERK OF COURT TO ENTER JUDGMENT IN FAVOR OF RESPONDENT, AND DECLINING TO ISSUE CERTIFICATE OF APPEALABILITY

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pursuant to 28 U.S.C. § 636(c)(1), the parties have consented to the jurisdiction of the United States Magistrate Judge. (Court Docs. 10, 12.)

BACKGROUND

Following a jury trial in the Superior Court of the State of California, County of Madera, Petitioner was convicted of burglary of an occupied dwelling (Cal. Penal Code § 459) while released on bail. Petitioner was sentenced to the upper-term of six years in state prison.

Petitioner filed a timely notice of appeal. On September 23, 2008, the California Court of Appeal, Fifth Appellate District, affirmed the judgment in a reasoned decision. (Lodged Doc. No. 3.)

On December 10, 2008, the California Supreme Court denied review. (Lodged Doc. No. 5.)

Petitioner filed the instant federal petition for writ of habeas corpus on March 11, 2009.

Respondent filed an answer to the petition on May 6, 2009, and Petitioner filed a traverse on May 26, 2009. (Court Docs. 13, 16.)

STATEMENT OF FACTS*fn1

Sandoval broke into an apartment and took a PlayStation machine and some video games. A child who lived in the apartment woke up and saw Sandoval, recognizing him as the father of a friend of one of her brothers. While a police officer was at the apartment investigating, Sandoval's stepson appeared there with a box containing the PlayStation and games that had just been taken. The stepson said he got the items from his mother, who got them from Sandoval. The officer went to Sandoval's apartment and Sandoval fled through the back door. The officer apprehended him in a neighboring apartment. Sandoval told the officer the burglar was a Mr. Simon, whom Sandoval had unsuccessfully tried to persuade not to break into the apartment. The officer located Mr. Simon, who denied involvement.

(Lodged Doc. No. 3, Opinion, at 2.)

DISCUSSION

A. Jurisdiction

Relief by way of a petition for writ of habeas corpus extends to a person in custody pursuant to the judgment of a state court if the custody is in violation of the Constitution or laws or treaties of the United States. 28 U.S.C. § 2254(a); 28 U.S.C. § 2241(c)(3); Williams v. Taylor, 529 U.S. 362, 375, 120 S.Ct. 1495, 1504, n.7 (2000). Petitioner asserts that he suffered violations of his rights as guaranteed by the U.S. Constitution. The ...


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