United States District Court, C.D. California
MR. JUAN PEREZ, Petitioner,
v.
SUPERIOR COURT OF CALIFORNIA, ET AL., Respondent.
MEMORANDUM AND ORDER SUMMARILY DENYING PETITION AND
DISMISSING ACTION
HONORABLE STEPHEN V. WILSON United States District Judge.
I.
INTRODUCTION
Petitioner
Juan J. Perez (“Petitioner”) has filed a pro
se Petition for Writ of Habeas Corpus by a Person in
State Custody pursuant to 28 U.S.C. § 2254
(“Petition”) challenging his 1996 conviction and
sentence for second degree robbery. As discussed below, the
Court finds the Petition is a second or successive petition
and thus, summarily DENIES the Petition and DISMISSES this
action without prejudice.
II.
BACKGROUND
A.
STATE COURT PROCEEDINGS
On
October 6, 1996, following a jury trial in California
Superior Court for the County of Los Angeles, Petitioner was
convicted of one count of second-degree robbery in violation
of section 211 of the California Penal Code in No. BA143627.
See ECF Docket No. (“Dkt.”) 1, Pet. at
2. On February 4, 1997, Petitioner was sentenced to
twenty-five years to life for second-degree robbery, plus an
enhancement for a prior serious or violent felony for a total
of thirty-three years to life. Id.
On
August 22, 1997, Petitioner filed a direct appeal in the
California Court of Appeal. See Cal. Courts,
Appellate Courts Case Info., 2d Appellate Dist.: Docket,
http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=2&docid=105
3465&docno=B114918&requesttoken=NiIwLSIkXkw%2BWyBRSCM9WE9J
QFA6USxfIiNeIztRMCAgCg%3D%3D (last updated Feb. 26, 2018,
2:50 PM).[1]The California Court of Appeal affirmed
Petitioner's conviction with modifications on March 18,
1999, and issued a remittitur on May 25, 1999. Id.;
see also Pet. at 2-3.
In June
2015, Petitioner filed a habeas petition in the Los Angeles
County Superior Court. See Perez v. Hatton, No. CV
16-2775-SVW (KK), 2016 WL 4072020, at *1 (C.D. Cal. June 7,
2016). On August 20, 2015, the Los Angeles County Superior
Court denied the petition. See id.
On
October 19, 2015, Petitioner filed a habeas petition in the
California Court of Appeal. See id. On November 13,
2015, the California Court of Appeal denied the petition.
See id.
On
January 13, 2016, Petitioner filed a habeas petition in the
California Supreme Court. See id. On March 30, 2016,
the California Supreme Court denied the petition. See
id.
B.
FEDERAL HABEAS PROCEEDINGS
On
April 17, 2016, Petitioner constructively filed a pro
se Petition for Writ of Habeas Corpus by a Person in
State Custody pursuant to 28 U.S.C. § 2254 (“2016
Petition”) in this Court challenging his conviction for
second-degree robbery in No. BA143627. Perez, 2016
WL 4072020, at *1. In the 2016 Petition, Petitioner raised
the sole claim that he “suffered an illegal sentence on
two strike priors.” Id. On July 26, 2016, the
Court denied the 2016 Petition as ...