Allison

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 THEO L. SIMMONS, No. 2:22-cv-1516 TLN AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS KATHLEEN ALLISON, Respondent. 16 Petitioner is a California state prisoner proceeding with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The action proceeds on the basis of a pro se petition which challenges petitioner’s 2019 conviction for four counts of robbery with firearms enhancements. ECF No. 1. Respondent has answered. ECF No. 19. Petitioner filed a traverse through counsel. ECF No. 23.1 BACKGROUND I. Proceedings in the Trial Court A. Preliminary Proceedings Petitioner and co-defendant D.C. were charged in Sacramento County with four counts of robbery (Cal. Penal Code § 211) arising from two separate robberies of the same pharmacy. Two 27 As discussed more fully below, the petition presents an issue that was exhausted on direct appeal in state…