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Frazier v. Barnes

United States District Court, Central District of California, Western Division

November 4, 2014

TERRELL FRAZIER, Petitioner,
v.
RONALD BARNES, Interim Warden -- HDSP, Respondent

Terrell Frazier, Petitioner, Pro se, Susanville, CA.

For Ronald Barnes, Interim Warden HDSP, Respondent: Daniel Chi-Sum Chang, CAAG - Attorney Generals Office, Los Angeles, CA; Richard S Moskowitz, CAAG - Office of the Attorney General, California Department of Justice, Los Angeles, CA.

REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

PAUL L. ABRAMS, UNITED STATES MAGISTRATE JUDGE.

This Report and Recommendation is submitted to the Honorable Cormac J. Carney, United States District Judge, pursuant to 28 U.S.C. § 636 and General Order 05-07 of the United States District Court for the Central District of California. For the reasons discussed below, the Magistrate Judge recommends that the Petition for Writ of Habeas Corpus be dismissed with prejudice.

I

PROCEDURAL HISTORY

On August 17, 2010, a Los Angeles County Superior Court jury convicted petitioner of first degree murder (Cal. Penal Code § 187(a)), three counts of robbery (Cal. Penal Code § 211), and grand theft from a person (Cal. Penal Code § 487(c)). The jury also found true allegations that the murder was committed during a robbery (Cal. Penal Code § 190.2(a)(17)), for the benefit of a criminal street gang (Cal. Penal Code § § 186.22(b)(1)(A) and (C)), and that petitioner personally and intentionally discharged a firearm causing great bodily injury and death (Cal. Penal Code § § 12022.53(d) and (e)(1)). In addition, the jury found true gun and gang enhancements with respect to several of the other offenses. (Reporter's Transcript (" RT") 2103-10; Clerk's Transcript (" CT") 626-30). On September 20, 2010, the trial court sentenced petitioner to life without the possibility of parole, plus a term of 69 years and four months to life in state prison.[1] (RT 2415-17; CT 665-69, 678-80).

Petitioner filed a direct appeal, which the California Court of Appeal denied on March 20, 2012.[2] (Respondent's Notice of Lodging (" Lodgment") Nos. 4-7). The California Supreme Court denied review on June 13, 2012. (Lodgment Nos. 8, 9).

On October 15, 2012, petitioner filed the instant federal Petition. On March 4, 2013, respondent filed an Answer and Return. On June 14, 2013, petitioner filed a Traverse.

This matter is deemed submitted and is ready for a decision.

II

STATEMENT OF FACTS

The Court adopts the following factual summary set forth in the California Court of Appeal's Opinion ...


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