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Jenkins v. Vasquez

United States District Court, Ninth Circuit

December 6, 2013

EDWARD CHARLES JENKINS, Petitioner,
v.
P. L. VASQUEZ (Warden), Respondent.

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

EDWARD M. CHEN, District Judge.

I. INTRODUCTION

Edward Charles Jenkins, a state prisoner at High Desert State Prison, has filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his 2011 conviction on two counts of failing to register as a sex offender within five days of moving and one count of failing to notify law enforcement of a change of address and the resulting sentence. The petition is now ready for a decision on the merits. For the reasons discussed below, the petition is DENTED.

II. BACKGROUND

A. The Crimes

The California Court of Appeal summarized the evidence of the crimes presented at trial:

Jenkins was at a homeless shelter when he met his girlfriend, Jennifer Garcia. After Garcia obtained a Section 8 housing voucher, Jenkins helped her move in to an apartment located at 460 South Fourth Street in San Jose. Garcia said Jenkins was merely a frequent visitor at her apartment, coming over at 3:00 or 4:00 a.m. and leaving around 7:00 or 8:00 a.m. to go to the Salvation Army or look for work. He would only sleep for two or three hours because "he knew he didn't live mere." Jenkins did not have keys to the apartment, he did not pay utilities and he was not listed on the rental contracts. Garcia admitted that she was not permitted to live with a registered sex offender as a Section 8 voucher recipient. She allowed Jenkins to use her apartment as a storage unit and to receive his mail. He also sometimes cooked for her and shopped for groceries. Though she denied mat he lived with her, Garcia said other people believed he did because of the many police calls to the premises.
A neighbor, Mary Williams, said she believed that Jenkins had moved in with Garcia because she had seen him move his belongings into the apartment and she saw him at the apartment complex both day and night. Williams often heard Jenkins arguing loudly with Garcia and heard him refer to Garcia's apartment as his residence. She also saw him drinking 40-ounce beers at the apartment daily and he often appeared to be under the influence of alcohol.
San Jose Police Officer Lee Lawrence responded to a late-night call at 460 South Fourth Street and contacted Jenkins, who appeared intoxicated, and was standing in front of the building. Jenkins admitted he had been drinking and was drunk, so Lawrence took him into custody for public intoxication.
On May 24, 2010, Jenkins helped Garcia move to anew apartment located at 520 South Willard Street in San Jose. Jenkins did not have keys to this apartment, was not listed on the rental contracts and did not pay utilities. However, photographs of the apartment's interior showed Jenkins' doming, shoes, toiletries and business records.
San Jose Police Officer Keith Aldinger responded to a call at 520 South Willard Street on May 29, 2010, at about 10:00 p.m. and found Jenkins and Garcia arguing. Jenkins appeared to be "extremely intoxicated" and was yelling that"[s]ome fucking... white bitch knocked on my door and asked for cigarettes." On May 31, 2010, Aldinger responded to another call to 520 South Willard Street, and again found Jenkins to be loud, agitated and extremely intoxicated. Aldinger arrested Jenkins for disturbing the peace and public intoxication.
Jenkins advised Aldinger he was a sex offender registered as a transient. Based on the multiple calls, Aldinger suspected Jenkins was residing with Garcia and spoke to the neighbors, who said they believed Jenkins was living at the apartment.
Diana Ortega, who also lived at the apartments at 520 South Willard Street, said Jenkins drank and was disrespectful toward the other tenants at the complex. He only left the premises to "go get the alcohol." Another neighbor, Andrew Hunt, said he saw Jenkins at the premises "[p]retty much every day... day and night." Hunt only heard Jenkins describe the apartment as "his lady's apartment, " though Hunt believed Jenkins was sleeping mere since his personal belongings were in the apartment.
A neighbor at 518 South Wllard Street, Jolene Eieken, said Jenkins was at the complex daily and cooked a meal for her and her children at Garcia's apartment on one occasion. Jenkins and Garcia would frequently have loud arguments, even in the middle of the night, and she saw him every morning at the apartment. Jenkins said mat the apartment was his, as was everything inside it, and mat Garcia would have "nothing without him."
Francis Gall egos, an analyst from the San Jose Police Department's sex offender registration unit, confirmed that the registration form requires those claiming a residential address to provide proof of residence, whereas transients are to state the areas they frequent. Proof of residence could include mail from the county, state or federal government to a particular address, or a California driver's license, California state identification, recent utility bills, etc. Gallegos confirmed mat Jenkins registered at residential addresses as required until April 3, 2009, and from that date on he registered as a transient. Jenkins never registered as a resident at either 460 South Fourth Street or 520 South Willard Street.

People v. Jenkins, 2012 WL 210371 *1-2 (Cal.App. 6 Dist. 2012) (footnote omitted).

B. Procedural History,

At a jury trial in Santa Clara County Superior Court, Jenkins was found guilty of two counts of failing to register as a sex offender within five days of moving to anew address (Pen. Code, § 290.011(b)) and one count of failing to notify law enforcement of a change of address (§ 290(b)). Reporter's Transcript ("RT') at 507-08. At a bifurcated bench trial, the trial court found Jenkins had six prior strike convictions. Clerk's Transcript ("CT) at 23740, 333-34. On June 17, 2011, the trial court sentenced him to seven years and four months in prison, after striking five of petitioner's six strike findings. RT at 530-32; CT at 431.

Jenkins timely appealed. The California Court of Appeal affirmed Jenkins' judgment and denied his habeas petition. Jenkins did not file a petition for review with the California Supreme Court. However, he later file a habeas petition with the California Supreme Court that was denied. Jenkins then filed his federal petition for writ of habeas corpus. The Court issued an order to show cause why the petition should not be granted. ...


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