Berley, Woodland Hills, CA, for petitioner. Pursuant to 28 U. Chapman, as well as petitioner's objections, and has made a de novo determination. IT IS ORDERED that 1 the Report and Recommendation is approved and adopted; 2 the Report and Recommendation is adopted as the findings of fact and conclusions of law herein; and 3 Judgment shall be entered denying the petition for writ of habeas corpus and dismissing the action with prejudice.
This Report and Recommendation is submitted to the Honorable A. Clerk's Transcript "CT" The trial court reduced the conviction to a misdemeanor, pursuant to P. CT The petitioner was sentenced to three years informal probation, which was stayed on certain conditions, including that he perform 80 hours of community service.
The petitioner appealed his conviction to the California Court of Appeal, which affirmed the judgment on November 26, , in a published opinion, People v.
Owens, 59 Cal. The petitioner then filed a petition for review in the California Supreme Court, which was denied on February 25, Return, Exh. The California Court of Appeal found the following facts and circumstances underlying the petitioner's conviction: On July 13, , petitioner and approximately 70 other people attended a recruiting meeting for a pyramid scheme to which petitioner already belonged.
He was the only person present at the July 13, meeting who was prosecuted. Another meeting held for the same pyramid scheme resulted in the prosecution of two Simi Valley police officers and five civilians. Although the civilians were offered misdemeanor dispositions by the district attorney, the prosecutor would accept only felony pleas from the police officers.
