Lambert v. Martel, No. 2:10-cv-02587-JKS
Decision Date | 05 January 2012 |
Docket Number | No. 2:10-cv-02587-JKS |
Court | U.S. District Court — Eastern District of California |
Parties | BRENT JEFFREY LAMBERT, Petitioner, v. MICHAEL MARTEL, Warden, Mule Creek State Prison, Respondent. |
Brent Jeffrey Lambert, a state prisoner, appearing through counsel, filed a Petition for Habeas Corpus under 28 U.S.C. § 2254.Lambert is currently in the custody of the California Department of Corrections and Rehabilitation, incarcerated at Mule Creek Prison.Respondent has answered, and Lambert has replied.
Following a jury trial, in June 2007 Lambert was convicted in the Sacramento County Superior Court of six counts of lewd conduct against a minor, Cal. Penal Code § 288(a), involving two, or more victims, Cal. Penal Code § 667.61(e)(5).The trial court sentenced Lambert to six consecutive terms of fifteen years to life, for an aggregate sentence of ninety years to life.The California Court of Appeal, Third Appellate District, affirmed Lambert's conviction and sentence in an unpublished decision,1 and the California Supreme Court denied review on September 16, 2009.Lambert then filed a petition for habeas relief in the California SupremeCourt on September 2, 2009, which was denied on March 18, 2010 citing In re Swain, 209 P.2d 793, 796(Cal.1949).2Lambert timely filed his Petition for relief in this Court on September 17, 2010.
The facts underlying Lambert's conviction, as summarized by the court of appeal:
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