Breedlove v. Grounds

Filing 14

ORDER Denying Petition for Writ of Habeas Corpus; Denying Certificate of Appealability. Signed by Judge Ronald M. Whyte on 3/27/13. (jg, COURT STAFF) (Filed on 3/27/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CALVIN RAY BREEDLOVE,

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Petitioner,
v.
WARDEN RANDY GROUNDS,

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Respondent.

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No. C 11-2379 RMW (PR)
ORDER DENYING PETITION FOR
WRIT OF HABEAS CORPUS;
DENYING CERTIFICATE OF
APPEALABILITY

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Petitioner, a state prisoner proceeding pro se, filed a petition for writ of habeas corpus

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pursuant to 28 U.S.C. § 2254 challenging a 2009 denial of parole suitability by the Board of

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Parole Hearings (“Board”). Respondent was ordered to show cause why the writ should not be

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granted. Respondent has filed an answer, along with a supporting memorandum of points and

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authorities. Petitioner has filed a traverse. For the reasons stated below, the court DENIES

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petitioner’s petition for writ of habeas corpus.1
BACKGROUND

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In 1986, petitioner pleaded guilty to second degree murder, and was convicted in the

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Superior Court of the County of Fresno of second degree murder. The trial court sentenced

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Although respondent raises a statute of limitations argument, the court finds it would
be more efficient to address the petition on the merits.

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petitioner to a term of fifteen years to life in state prison. In August 2009, the Board denied

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petitioner parole for the seventh time.

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DISCUSSION
A.

Standard of Review
This court may entertain a petition for writ of habeas corpus “in behalf of a person in

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custody pursuant to the judgment of a state court only on the ground that he is in custody in

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violation of the Constitution or laws or treaties of the United States.” 28 U.S .C. § 2254(a).

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Under the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), a district court

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may not grant a petition challenging a state conviction or sentence on the basis of a claim that

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was reviewed on the merits in state court unless the state court’s adjudication of the claim “(1)

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resulted in a decision that was contrary to, or involved an unreasonable application of, clearly

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established federal law, as determined by the Supreme Court of the United States; or (2) resulted

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in a decision that was based on an unreasonable determination of the facts in light of the

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evidence presented in the state court proceeding.” 28 U.S.C. § 2254(d). The first prong applies

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both to questions of law and to mixed questions of law and fact, Williams v. Taylor, 529 U.S.

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362, 384-86 (2000), while the second prong applies to decisions based on factual determinations,

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Miller-El v. Cockrell, 537 U.S. 322, 340 (2003).

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“Under the ‘contrary to’ clause, a federal habeas court may grant the writ if the state

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court arrives at a conclusion opposite to that reached by [the Supreme] Court on a question of

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law or if the state court decides a case differently than [the] Court has on a set of materially

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indistinguishable facts.” Williams, 529 U.S. at 412-13. A state court decision is an

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“unreasonable application of” Supreme Court authority, falling under the second clause of

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§ 2254(d)(1), if the state court correctly identifies the governing legal principle from the

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Supreme Court’s decisions but “unreasonably applies that principle to the facts of the prisoner's

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case.” Id. at 413. The federal court on habeas review may not issue the writ “simply because

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that court concludes in its independent judgment that the relevant state-court decision applied

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clearly established federal law erroneously or incorrectly.” Id. at 411.

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Under 28 U.S.C. § 2254(d)(2), a state court decision “based on a factual determination

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will not be overturned on factual grounds unless objectively unreasonable in light of the

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evidence presented in the state-court proceeding.” Miller–El, 537 U.S. at 340. The court must

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presume correct any determination of a factual issue made by a state court unless the petitioner

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rebuts the presumption of correctness by clear and convincing evidence. See 28 U.S.C. §

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2254(e)(1).

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B.

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Petitioner’s claims
Petitioner claims that the State breached his plea agreement by: (1) holding petitioner in

prison beyond 15-years and therefore, is holding him to a “degree higher than that agreed upon,”
and (2) opposing his suitability for parole at the Board hearing.
“[D]ue process rights conferred by the federal constitution allow [a defendant] to enforce

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the terms of [his] plea agreement.” Brown v. Poole, 337 F.3d 1155, 1159 (9th Cir. 2003).

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“[W]hen a plea rests in any significant degree on a promise or agreement of the prosecutor, so

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that it can be said to be a part of the inducement or consideration, such promise must be

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fulfilled.” Santobello v. New York, 404 U.S. 257, 262 (1971); see also Brown, 337 F.3d at 1159

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(holding prosecutor’s promise, that petitioner would be released on parole after serving half of

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minimum sentence discipline-free, was binding).

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It is clearly established federal law that the interpretation of state court plea agreements,

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and all contractual obligations resulting therefrom, are generally matters of state law. See

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Buckley v. Terhune, 441 F.3d 688, 694-695 (9th Cir. 2006). “Plea agreements are contractual in

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nature and are measured by contract law standards.” Brown, 337 F.3d at 1159 (internal

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quotation and citation omitted). California law requires that courts first look to the plain

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meaning of the agreement’s language. See Buckley, 441 F.3d at 695 (citing Cal. Civ. Code §§

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1638, 1644). “Where it is clear from context what would reasonably have prompted acceptance

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of the agreement, even in part, no further speculative factual inquiry is needed.” Brown, 337

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F.3d at 1160.

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In determining whether habeas relief is warranted, a district court must consider whether

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the state court’s decision denying relief was “consistent with a proper application of state

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contract law in interpreting the plea agreement” and, if not, must find “the decision was an

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‘unreasonable application of’ clearly established federal law.” Davis v. Woodford, 446 F.3d

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957, 962 (9th Cir. 2006). Under California law, “[a] plea agreement violation claim depends

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upon the actual terms of the agreement, not the subjective understanding of the defendant. . . .”

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In re Honesto, 130 Cal. App. 4th 81, 92 (2005).

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Here, the Superior Court of the County of Fresno rejected petitioner’s claim. (Dkt. No.

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1-2 at 55-57.) The Superior Court acknowledged that the change of plea transcript demonstrated

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that petitioner agreed to a term of 15 years to life, and there was no indication that petitioner was

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promised that he would be released after serving 15 years, or that he would be released while

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still “relatively young.” (Id. at 56.) Further, the Superior Court found that petitioner had also

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failed to demonstrate that the prosecutor ever promised that the State would not oppose parole.

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(Id. at 56-57.)

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A review of the change of plea transcript shows that petitioner understood that if he

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pleaded guilty to second degree murder, the prosecution would strike the firearm enhancement,

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and agree to a sentence of 15 years to life. (Dkt. No. 1-2 at 36-37.) When the trial court asked

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petitioner if there were any other conditions to the plea besides the ones his attorney had already

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stated on the record, petitioner stated that there were not. (Id. at 38.) The record also

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demonstrates that the trial court informed petitioner that he would be sentenced to a term of 15

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years to life, and that if parole was granted, it would likely be for the remainder of petitioner’s

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life. (Id. at 46) (emphasis added). There is no evidence that expectations about how parole

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would be decided were part of the plea agreement. In sum, the transcript clearly reflects

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petitioner’s concession to an indeterminate sentence of 15 years to life. (Emphasis added.)

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Further, as the state court noted, there is no documentary or otherwise reliable evidence

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that the prosecutor promised to refrain from objecting at petitioner’s Board hearings.

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Petitioner’s argument that his plea agreement was breached because it did not include a

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statement that the prosecutor would oppose petitioner’s suitability for parole is unavailing.

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(Traverse at 6.)
Accordingly, petitioner has not demonstrated that he was promised release under the plea

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agreement. The possibility of parole does not mean a guarantee of parole; under state law (as it

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existed when he was sentenced and as it exists now), the inmate must be found suitable before

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his release date is set. Despite petitioner’s argument that he received no benefit from his plea, he

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did receive a lesser sentence, in that a first degree murder conviction would have resulted in a

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life sentence with a minimum of 25 years instead of a minimum of 15 years. Petitioner has

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received the parole considerations to which he was entitled under his sentence. The state court’s

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determination that petitioner’s plea agreement was not breached was not contrary to, or an

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unreasonable application of clearly established federal law as determined by the Supreme Court,

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nor based on an unreasonable determination of the facts in light of the evidence presented in the

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state court proceeding. See 28 U.S.C. § 2254(d).

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CONCLUSION
For the reasons set forth above, the petition for writ of habeas corpus is DENIED. The
clerk shall terminate all pending motions and close the file.

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CERTIFICATE OF APPEALABILITY
The federal rules governing habeas cases brought by state prisoners require a district

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court that denies a habeas petition to grant or deny a certificate of appealability (“COA”) in its

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ruling. Petitioner has failed to make a substantial showing that his claims amounted to a denial

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of his constitutional rights, or demonstrate that a reasonable jurist would find the denial of his

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claims debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 (2000). Accordingly, a COA

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is DENIED.

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IT IS SO ORDERED.
DATED: _______________
RONALD M. WHYTE
United States District Judge

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

CALVIN RAY BREEDLOVE,

Case Number: CV11-02379 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
RANDY GROUNDS et al,
Defendant.

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on March 27, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

Calvin Ray Breedlove D-23756
Correctional Training Facility
BW-111L
P.O. Box 689
Soledad, CA 93960-0689

Dated: March 27, 2013
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk