United States District Court, Central District of California
Luis Mariano Sanchez, Petitioner, Pro se, Los Angeles, CA.
For Kathleen Allison, Warden (A), Respondent: Julie Ann Harris, CAAG - Office of the Attorney General, California Department of Justice, Los Angeles, CA.
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
CARLA M. WOEHRLE, United States Magistrate Judge.
This Report and Recommendation is submitted to the Honorable Josephine L. Staton, United States District Judge, pursuant to 28 U.S.C. § 636 and General Order 194 of the United States District Court for the Central District of California. For reasons stated below, the petition for habeas corpus relief should be denied and this action dismissed with prejudice.
BACKGROUND AND PROCEEDINGS
In a one-count information filed on April 28, 2009, in California Superior Court, Los Angeles County, Case No. LA061278, Petitioner Luis Mariano Sanchez was charged with felony grand theft of personal property, in violation of California Penal Code section 487(a), for unlawfully taking a leaf blower and weed wacker valued in excess of four hundred dollars. [Lodged Document (" Lodg.") 1.] On September 10, 2009, Petitioner entered a plea of nolo contendere to this count, and was sentenced to state prison for a term of three years imprisonment. [Lodg. 2-4.] He did not appeal.
On May 3, 2010, Petitioner filed a petition for writ of habeas corpus in the superior court seeking a sentence reduction to one year based on an alleged revision of Penal Code section 487(a) making his crime a misdemeanor. [Lodg. 5.] On May 4, 2010, the superior court denied the petition in a one-page order as follows:
Petition for writ of habeas corpus is denied for the following reasons:
On September 10, 2009, Petitioner entered a plea of No Contest to Count 1, a felony violation of Penal Code Section 487(a). He was sentenced to the high term of three years in state prison. He was remanded on that sentence on September 14, 2009.
Because Petitioner was sentenced to state prison, the crime of Penal Code Section 487(a) remains a felony for all times and purposes.
Petitioner raised the same claim in a habeas petition filed May 18, 2010 in California Court of Appeal Case No. B224459. [Lodg. 7.] The court of appeal denied the petition in an unpublished order as follows:
The petition for writ of habeas corpus has been read and considered.
The petition is denied for failure to state sufficient facts demonstrating entitlement to the relief requested. (See People v. Duvall ( 1995) 9 Cal.4th 464, 474-75, 37 Cal.Rptr.2d 259, 886 ...