Opinion

Sean Ezra Brown v. Joe A. Lizarraga

Court
District Court, C.D. California
Filed
Sep 16, 2019
Cited by
0 cases
Authority
More cited than 17.9%

The opinion

1

2

3

4

5

6

7

8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

10

11

SEAN EZRA BROWN, ) NO. CV 16-2935-ODW (AGR)

)

12

Petitioner, )

)

13

v. )

) ORDER ACCEPTING FINDINGS

14

JOE A. LIZARRAGA, Warden, ) AND RECOMMENDATION OF

) MAGISTRATE JUDGE

15

Respondent. )

)

16

)

)

17

18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the other

19 records on file herein, the Report and Recommendation of the United States

20 Magistrate Judge (“Report”) and the Objections. Further, the Court has engaged

21 in a de novo review of those portions of the Report and Recommendation to

22 which objections have been made. The Court accepts the findings and

23 recommendation of the Magistrate Judge.

24 Petitioner alleged ineffective assistance of trial counsel in Ground Three.

25 In Subclaim 8, Petitioner alleged trial counsel was deficient for failing to convey a

26 plea offer. Petitioner’s objections state that the prosecutor made an oral plea

27 offer before Petitioner was brought into the courtroom on September 25, 2012.

28 (Obj. at 17-18.) The plea offer would then have occurred before consolidation of

1 the two criminal cases against Petitioner, Case No. NA091389 and Case No.

2 NA093449, by order dated January 16, 2013. (Clerk’s Transcript, Dkt. No. 38-1

3 at 131-32.) Petitioner does not state in which case the plea offer was made.

4 The Report explained that, even assuming the existence of a plea offer and

5 deficiency by counsel, Petitioner had not shown prejudice because he had not

6 alleged “a reasonable probability [he] would have accepted the earlier plea offer

7 had [he] been afforded effective assistance of counsel.” Report at 34; Lafler v.

8 Cooper, 566 U.S. 156, 164 (2012); Missouri v. Frye, 566 U.S. 134, 147 (2012).

9 Petitioner still has not made the requisite allegations. His objections state only

10 that he “would have at least considered a plea offer.” (Obj. at 18.) Petitioner also

11 makes no showing that the prosecution would not have withdrawn the plea offer

12 in light of intervening circumstances (such as the second criminal case) or that

13 the court would have accepted its terms. Report at 34; Lafler, 566 U.S. at 164;

14 Missouri, 566 U.S. at 147.

15 Petitioner's remaining objections are without merit.

16 IT THEREFORE IS ORDERED that judgment be entered denying the

17 Petition and dismissing this action with prejudice.

18 Ne.

19|| DATED: September 16, 2019 Ee

20 United States Didtricl Judge

21

22

23

24

25

26

27

28

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.