Free Response ( Non Motion ) - District Court of California - California

Case 3:07-cv-03572-CRB

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Filed 04/25/2008

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1 EDMUND G. BROWN JR. Attorney General of the State of California 2 DANE R. GILLETTE Chief Assistant Attorney General 3 GERALD A. ENGLER Senior Assistant Attorney General 4 PEGGY S. RUFFRA Supervising Deputy Attorney General 5 SHARON G. BIRENBAUM Deputy Attorney General 6 State Bar No. 94925 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-3664 7 Telephone: (415) 703-5870 Fax: (415) 703-1234 8 Email: [email protected] 9 Attorneys for Respondent 10 11 12 13 JORGE A. PANTOJA, 14 Petitioner, 15 v. 16 K. PROSPER, Warden, 17 Respondent. 18 19 20 21 Respondent provides the following answer to the petition for writ of habeas corpus: I. Petitioner, Jorge A. Pantoja, was committed to the California Department of Corrections ANSWER TO PETITION FOR WRIT OF HABEAS CORPUS C 07-3572 CRB IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

22 for 16 years to life after a valid conviction by court trial in Humboldt County Superior Court, Case 23 Number CR 013978, for second degree murder, in violation of California Penal Code sections 187 24 and 189, by personal use of deadly and dangerous weapon within the meaning of Penal Code section 25 12022(b)(1). CT 62, 66, 98-99, 101.1/ 26 1. "CT" refers to the clerk's transcripts of petitioner's state court trial, lodged with this court as Exhibit B; "RT" refers to the reporter's transcripts of petitioner's state court trial, lodged with this 28 court as Exhibit C. 27
Answer to Petition for Writ of Habeas Corpus - Pantoja v. Prosper, Warden - C 07-3572 CRB

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Case 3:07-cv-03572-CRB

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II. Petitioner filed an appeal of his conviction in the California Court of Appeal, First

3 Appellate District, Division Three, claiming that there was insufficient evidence to sustain the 4 second degree murder conviction. Exh. D (Appellant's Opening Brief), Exh. E (Respondent's 5 Brief), Exh. F (Appellant's Reply Brief). 6 7 III. In an unpublished decision filed on February 28, 2007, the Court of Appeal affirmed the

8 judgment. Exh. G. 9 10 IV. Petitioner filed a petition for review in the California Supreme Court. Exh. H. On May

11 9, 2007, the Supreme Court denied review. Exh. I. 12 13 14 15 V. Petitioner has exhausted his state remedies and his petition is timely. VI. Petitioner's conviction was not obtained in violation of any federal constitutional right,

16 and each and every claim in the petition is without merit. Specifically, respondent denies that there 17 was insufficient evidence of malice to sustain petitioner's conviction for second degree murder. 18 19 VII. Except as specifically admitted herein, respondent denies all material factual averments

20 of the petition. 21 22 VIII. We submit herewith the relevant record of the state trial and appellate court proceedings

23 as itemized in the accompanying receipt for exhibits. 24 25 26 27 28
Answer to Petition for Writ of Habeas Corpus - Pantoja v. Prosper, Warden - C 07-3572 CRB

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Case 3:07-cv-03572-CRB

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CONCLUSION WHEREFORE, respondent respectfully submits that the order to show cause be

3 discharged, the petition for writ of habeas corpus be denied, and this action be dismissed. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Answer to Petition for Writ of Habeas Corpus - Pantoja v. Prosper, Warden - C 07-3572 CRB

Dated: April 25, 2008 Respectfully submitted, EDMUND G. BROWN JR. Attorney General of the State of California DANE R. GILLETTE Chief Assistant Attorney General GERALD A. ENGLER Senior Assistant Attorney General PEGGY S. RUFFRA Supervising Deputy Attorney General /s/ Sharon G. Birenbaum SHARON G. BIRENBAUM Deputy Attorney General Attorneys for Respondent

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