Rudy E. Vasquez v. M. E. Spearman

Filing 28

ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE by Judge Josephine L. Staton for Report and Recommendation (Issued), 21 . IT THEREFORE IS ORDERED that Judgment be entered denying the Petition and dismissing this action with prejudice. (bem)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11

RUDY E. VASQUEZ,
Petitioner,

12
v.

13
14

M.E. SPEARMAN, Warden,
Respondent.

15

)
)
)
)
)
)
)
)
)
)

Case No. CV 16-6333-JLS (JPR)
ORDER ACCEPTING FINDINGS AND
RECOMMENDATIONS OF U.S.
MAGISTRATE JUDGE

16
17

The Court has reviewed the Petition, records on file, and

18

Report and Recommendation of U.S. Magistrate Judge.

19

U.S.C. § 636.

20

the R. & R., in which he mostly simply repeats arguments from the

21

Petition.

22

aiding-and-abetting theory, as the Magistrate Judge posited (R. &

23

R. at 10-11), he was not convicted of it instead of second-degree

24

murder.

25

Penal Code sections 30, 31, and 971, state law does not

26

distinguish between principals and aiders and abettors.

27

persons concerned in the commission of a crime, whether it be

28

felony or misdemeanor, and whether they directly commit the act

See 28

On July 27, 2017, Petitioner filed objections to

He does ask, however, why, if he was prosecuted on an

(Objs. at 3.)

The answer is simple: under California

1

“All

1

constituting the offense, or aid and abet its commission . . .

2

are principals in any crime so committed.”

3

(“[A]ll persons concerned in the commission of a crime, who by

4

the operation of other provisions of this code are principals

5

therein, shall hereafter be prosecuted, tried and punished as

6

principals and no other facts need be alleged in any accusatory

7

pleading against any such person than are required in an

8

accusatory pleading against a principal.”)

9

objections are not well taken.

10

§ 31; see also § 971

Petitioner’s

Having made a de novo determination of those portions of the

11

R. & R. to which Petitioner objected, the Court accepts the

12

findings and recommendations of the Magistrate Judge.

13
14

IT THEREFORE IS ORDERED that Judgment be entered denying the
Petition and dismissing this action with prejudice.

15
16
17
18

DATED: September 10, 2017
JOSEPHINE L. STATON
U.S. DISTRICT JUDGE

19
20
21
22
23
24
25
26
27
28
2