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Paul Lewis v. Matthew Cate

January 10, 2011

PAUL LEWIS, PETITIONER,
v.
MATTHEW CATE, RESPONDENT.



FINDINGS AND RECOMMENDATIONS

I. INTRODUCTION

Petitioner, Paul Lewis, is a state prisoner proceeding pro se witha petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner is currently serving a determinate sentence of sixteen years following his plea of nolo contendre in Sacramento County Superior Court to three counts of sexual penetration by force, two counts of oral copulation by force, six counts of rape by force, and six counts of sodomy by force. With this petition, Petitioner presents various claims challenging the constitutionality of his conviction.

II. CLAIMS FOR REVIEW

Petitioner sets forth four grounds for relief in his pending petition. Specifically, Petitioner's claims are as follow, verbatim:

(1) Violation of statute of limitation[s];

(2) Violation of speedy trial rights;

(3) Effective assistance of counsel; and

(4) Violation of due process.

Based on a thorough review of the record and applicable law, it is recommended that the petition be denied.

III. BACKGROUND

The basic facts of Petitioner's crimes were summarized during Petitioner's change of plea hearing as follows:

In the county of Sacramento, on the dates alleged in the information, the Defendant approached the victim, Victoria, when she was only 19 years old as she walked down the street with her girlfriend.

The Defendant invited her and her girlfriend to his residence, and the victim and her girlfriend complied. While spending a little bit of time at the residence, at some point in the evening the victim left. The Defendant followed her and offered her a ride home.

Instead of giving her a ride home, the Defendant took her to an open field, where he began his attack on her.

The Defendant told the victim that she would need to have sex with him. The victim said no. She told him that she was on her period, that she had a disease, and she tried to get out of the car, and he grabbed her hair to stop her.

She kept saying no, th[en] she eventually told him she was pregnant. He said he didn't care and he would leave her in the field to die if she kept making excuses.

He got into the back seat of his car. He kept a hold of her hair and used that to pull her into the back seat.

He then put his hand down her pants and digitally penetrated her, looking for her tampon. He pulled his finger in and out of her vagina approximately three to four times. When he realized she ...


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