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Raymond Wright v. J.N. Katavich

August 8, 2012

RAYMOND WRIGHT, PETITIONER,
v.
J.N. KATAVICH, WARDEN,
RESPONDENT.*FN1



The opinion of the court was delivered by: Stephen J. Hillman United States Magistrate Judge

MEMORANDUM AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

Pursuant to 28 U.S.C. § 636(c), the parties have consented that the case may be handled by the undersigned. For the reasons stated below, the Petition for a Writ of Habeas Corpus is denied and this action is dismissed with prejudice.

I. PROCEEDINGS

Petitioner, a prisoner in the custody of the California Department of Corrections and Rehabilitation, challenges his 1999 conviction in the Superior Court of California, Los Angeles County (Case No. BA187528).*fn2

On April 25, 2012, petitioner filed aPetition for Writ of Habeas Corpus by a Person in State Custody ("Petition"). As best the Court can glean from petitioner's allegations, the Petition alleges the following claims: (1) The trial court, the prosecutor and petitioner's counsel failed to inform petitioner about the prosecutor's burden of proving that petitioner suffered two prior serious or violent felony convictions (1986 and 1990 robbery convictions in Florida) -- proof of which was lacking -- in violation of petitioner's rights to due process and equal protection; (2) Petitioner received ineffective assistance of counsel based on his trial counsel's failure to require proof of his two prior serious or violent felony convictions; and (3) Petitioner's sentence constituted cruel and unusual punishment under the Eighth Amendment of the United States Constitution. (Petition at 5-5F; Petitioner's Reply to Respondent's Return at 3-7).

On May 16, 2012, petitioner filed a Notice of Supplemental Petition for Writ of Habeas Corpus which contained various exhibits relating to the claims alleged in the Petition.

On May 17, 2012, petitioner filed a Notice of Supplemental Petition for Writ of Habeas Corpus which contained various exhibits relating to the claims alleged in the Petition.

Respondent filed an Answer to the Petition on May 21, 2012. After receiving an extension of time, on July 19, 2012, respondent filed a Return to the Petition, contending that the Petition should dismissed because it is barred by the one-year statute of limitations.

On July 30, 2012, petitioner filed a Supplemental Petition for Writ of Habeas Corpus which contained various exhibits relating to the claims alleged in the Petition.

Petitioner filed a Reply to the Return on August 6, 2012. Thus, this matter now is ready for decision.

II. PROCEDURAL HISTORY

In an Amended Information filed in the Los Angeles County Superior Court on October 1, 1999, petitioner was charged with one count of possession of cocaine base for sale and was further charged with the special allegations that he had suffered two prior serious or violent felony convictions and five prior prison terms. (See respondent's Notice of Lodging ["Lodgment"] No. 3).

On November 9, 1999, petitioner was convicted pursuant to a guilty plea of one count of possession of cocaine base for sale, and petitioner admitted the special allegations. On that same date, after granting petitioner's motion to strike one prior "strike," the trial court sentenced petitioner to state prison for a total of ten years, consisting of 5 years for the possession of cocaine base for sale conviction, doubled under California's ...


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