United States District Court, N.D. California
ORDER GRANTING RESPONDENT'S MOTION TO DISMISS NEW
CLAIMS IN AMENDED PETITION AS UNTIMELY
GONZALEZ ROGERS United States District Judge
Juan Matias Torres, a state prisoner currently incarcerated
at California State Prison-Solano (“CSP-Solano”),
filed the instant pro se action for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254. Thereafter,
Petitioner filed his amended petition, which is the operative
petition in this action. Dkt. 59.
the Court is Respondent's motion to dismiss new claims in
his amended petition as untimely under the one-year statute
of limitations established by the Antiterrorism and Effective
Death Penalty Act of 1996 (“AEDPA”), 28 U.S.C.
§ 2244(d). Dkt. 65.
before the Court is Petitioner's filing entitled,
“Motion for Request for Update and Case Inquiry and
Request for Extension of Time to Reply to Any Court Orders or
Motions Filed, If Necessary.” Dkt. 73. In this
aforementioned motion, Petitioner explains that he was unable
to notify the Court about his temporary transfer out of
CSP-Solano from March 22, 2017 through April 20, 2017.
Id. at 1-2. He requests an update and copies of any
orders or motions that were filed during his transfer.
Id. at 2. He also requests for an extension of time
to respond to such orders and motions. Id. Because
there were no orders or motions filed during the time frame
Petitioner was transferred, the Court DENIES his motion as
unnecessary. Dkt. 73.
read and considered the papers submitted and being fully
informed, the Court GRANTS Respondent's motion to
August 11, 2006, in Santa Clara County Superior Court case
number CC591335, the prosecution charged Petitioner with
assault on a peace officer with a deadly weapon, exhibition
of a deadly weapon with intent to resist arrest, evading a
peace officer, driving under the influence, driving with .08
percent or more blood alcohol, resisting or delaying a peace
officer, carrying a concealed dirk or dagger, and resisting
an executive officer. Resp't Ex. 1A at 106-111. The
prosecution further alleged two prior prison term
convictions, two serious felony convictions, two prior
“strike” convictions, and a prior conviction for
driving under the influence. Id. at 106-113.
February 23, 2007, in Santa Clara County Superior Court case
number CC629776, the prosecution charged Petitioner with two
counts of assault with a deadly weapon and one count of
resisting or delaying a peace officer. Resp't Ex. 1B at
323-325. The prosecution further alleged great bodily injury
enhancements, two prior serious felony convictions, two prior
“strike” convictions, and an on-bail enhancement.
Id. at 323-326.
April 25, 2007, Petitioner pleaded no contest to the charges
and admitted the allegations in both cases. Resp't Exs.
1A at 126-127; 1B at 333.
December 18, 2007, the trial court sentenced Petitioner in
both cases to state prison for a total determinate term of 36
years and 8 months, with a consecutive indeterminate term of
25-years-to-life. Resp't Exs. 1A at 134-137; 2C at 87-89.
December 20, 2007, Petitioner filed a notice of appeal in
both cases. Resp't Exs. 1A at 138; 1B at 441. The
cases were considered together on appeal in California Court
of Appeal case number H032441. Resp't Ex. 8 at 1. On
February 18, 2009, the state appellate court struck one of
the serious prior felony convictions in case number CC591335,
thereby reducing the sentence in that case to seven years and
eight months; struck one of the five-year serious prior
felony convictions in case number CC629776, thereby reducing
the determinate sentence in that case to 19 years; and
reduced the restitution and parole revocation fines in both
cases to $10, 000 each. See Id. The state appellate
court otherwise affirmed the judgments. See id.
March 23, 2009, the People filed a petition for review in
California Supreme Court case number S171429. Resp't Ex.
9. On May 20, 2010, the California Supreme Court transferred
the case back to the state appellate court with directions to
vacate its decision and reconsider the cause in light of
People v. Soria, 48 Cal.4th 58 (2010). Resp't
28, 2010, the state appellate court withdrew that part of its
previous opinion pertaining to the restitution and parole
revocation fines, left intact its decision regarding the
sentence reductions, and otherwise affirmed the judgments.
Resp't Ex. 11.
August 29, 2010, Petitioner filed a petition for review in
California Supreme Court case number S186045, which was
denied on October 13, 2010. Resp't Exs. 12, 13.
April 5, 2011, the trial court resentenced Petitioner in
accordance with the opinion of the California Court of
Appeal. Resp't Ex. 19.
April 20, 2011, Petitioner filed a notice of appeal in case
number H036807, but he later voluntarily abandoned the appeal
(in a notice filed on July 14, 2011). Resp't Exs. 20, 21.
14, 2011, the state appellate court dismissed the appeal and
issued a remittitur. Resp't Ex. 21.
March 12, 2012,  Petitioner filed a petition for writ of
habeas corpus in the Santa Clara County Superior Court case
number CC591335/CC629776, which was denied on June 4, 2012.
Resp't Exs. 22, 23.
25, 2012,  Petitioner filed a petition for writ of
habeas corpus in California Court of Appeal case number
H038465, which was denied on July 20, 2012. Resp't Exs.
August 5, 2012, Petitioner filed a petition for writ of
habeas corpus in California Supreme Court case number
S204744, which was denied on October 17, 2012, with a
citation to People v. Duvall, 9 Cal.4th 464, 474
(1995). Resp't Exs. 26, 27.
November 29, 2012, Petitioner filed the original petition for
writ of habeas corpus in this Court. Dkt. 1. In his original
petition, Petitioner raised the following three ineffective
assistance of counsel claims, namely for: (1) failing to
object to “over enhancements which led to an illegal
sentence”; (2) failing to object to blood alcohol
evidence; and (3) advising him that if he pled no contest, he
“would receive a sentence of 6-16 years” at a
Romero hearing, and then failing to comply
with Petitioner's request to withdraw his plea before the
Romero hearing. Id. at 6.
January 30, 2013, the Court issued an order directing
Respondent to show cause why the petition should not be
granted. Dkt. 5.
19, 2013, after being granted an extension of time to do so,
Respondent filed an answer. Dkts. 11, 11-1, 12. On August 23,
2013, Petitioner filed a traverse. Dkt. 16.
about April 11, 2014, Petitioner filed a petition for writ of
habeas corpus in Santa Clara County Superior Court case
number CC591335/CC629776, “[i]n regards to the [T]here
Strikes Law [R]eform [A]ct of 2012.” Dkt. 42 at 2. In
his petition, Petitioner argued “that his strike priors
d[id] not constitute . . . a serious or violent felony as a
strike prior and should be stricken.” Id. On
April 30, 2014, the state superior court denied the petition.
18, 2014, Petitioner appealed the superior court's denial
of his habeas petition to the California Court of Appeal in
case number H041112, and was appointed counsel on appeal.
Id. at 2-3; Resp't Ex. 28. On May 28, 2015,
after the case was fully briefed, Petitioner filed a motion
requesting that the appeal be dismissed. Resp't Ex. 28.