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Marco Anthony Talamantes v. Randy Grounds

December 21, 2010

MARCO ANTHONY TALAMANTES,
PETITIONER,
v.
RANDY GROUNDS, RESPONDENT.



The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

FINDINGS AND RECOMMENDATIONS

Petitioner, a state prisoner proceeding with retained counsel, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court are petitioner's petition for a writ of habeas corpus (Docs. 1 & 2) and respondent's answer (Doc. 11). /

I. BACKGROUND

A. Facts*fn1

The state court recited the following facts, and petitioner has not offered any clear and convincing evidence to rebut the presumption that these facts are correct:

In July 2006, Alida Torres, Augustine Torres, Adriana Virrueta, and Taurino Ochoa went to a Motel 6 to rent room. (footnote omitted). Alida and Augustine were driving a Camry and Virrueta and Ochoa were driving a Lincoln. Alida and Virrueta waited outside with the cars while Augustine and Ochoa entered the motel office.

Virrueta left the Lincoln to start removing some of her clothing from inside the Camry. At that point, defendants drove up in a multicolored car and parked beside the Camry. Defendant Ambriz exited the multicolored car and approached Alida, who was also taking her clothing out of the Camry. He asked if she had a boyfriend. Fearing her husband Augustine would start a fight with defendant Ambriz, Alida told him that her father was inside the motel office and asked him to leave.

Defendant Ambriz returned to the multicolored car and moved it forward a short distance. Defendant Talamantes then exited the multicolored car and approached the Lincoln. He announced the keys to the Lincoln were still in the ignition. He then entered the Lincoln and drove it out of the motel parking lot.

Alida and Virrueta ran into the motel office. They told Augustine and Ochoa that the Lincoln had been taken. Defendant Ambriz was still in the multicolored car in the parking lot. Ochoa confronted him, but he was able to drive out of the parking lot.

Ochoa and Virrueta borrowed the Camry to pursue defendants. They called the police while they were driving. They eventually found the Lincoln on a residential street, parked, with no one inside. Ochoa exited the Camry and entered the Lincoln. Defendants then appeared and attacked Ochoa. Defendant Ambriz began hitting Ochoa. Ochoa got out of the car. Defendant Talamantes tripped Ochoa. Defendant Ambriz then kicked Ochoa in the face. Defendants then took the Lincoln and drove away.

Ochoa and Virrueta followed the Lincoln in the Camry again. The Lincoln stopped on a different street. Defendants exited the Lincoln and started walking toward the Camry, so Ochoa and Virrueta left the area. Soon afterwards, Ochoa and Virrueta were contacted by the police. The police had found the Lincoln and took Ochoa and Virrueta to the Lincoln's new location. The car was wrecked.

Officer Darren Sandoval saw defendants walking in the area where the Lincoln was recovered. As he approached, defendants jumped over a small fence and hid. Officer Sandoval captured and arrested defendants. Ochoa and Virrueta later identified them as the men who had taken the car.

B. Procedural History

Petitioner and co-defendant Tonino Ambriz were each convicted on two counts of car theft and one count of carjacking.*fn2 Petitioner was sentenced to a determinate prison term of 17 years 4 months. Petitioner's conviction and sentence were affirmed on direct appeal in a reasoned decision issued by the California Court ...


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