Victor Crawford v. Michael Evans

U.S. Court of Appeals for the Ninth Circuit
Victor Crawford v. Michael Evans, 400 F. App'x 272 (9th Cir. 2010)

Victor Crawford v. Michael Evans

Opinion

*273 MEMORANDUM **

Victor Crawford appeals the district court’s denial of his habeas corpus petition under 28 U.S.C. § 2254. We affirm.

The California Court of Appeal’s determination that sufficient evidence supported Crawford’s conviction for kidnapping to commit robbery was neither contrary to, nor an unreasonable application of, Supreme Court precedent. See 28 U.S.C. § 2254(d). The appellate court reasonably concluded that “any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt,” Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), because: (1) Crawford’s first expression after kidnapping the victim was to question whether the victim had any money; and (2) Crawford forcibly moved the victim to a secluded area several blocks from the bus stop before questioning him, which a jury could reasonably conclude was done to prevent others from discovering Crawford’s robbery attempt. To the extent Crawford argues that he did not use the force necessary to constitute a robbery, the state court reasonably rejected this as well, for the requisite “force or fear” could be inferred from the victim’s testimony.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
Victor Ray CRAWFORD, Petitioner-Appellant, v. Michael S. EVANS, Warden, Salinas Valley State Prison, Respondent-Appellee
Status
Unpublished