Eaton

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 JOSEPH LEONARD, No. 2:19-cv-0230-TLN-SCR 11 Petitioner, 12 v. FINDINGS & RECOMMENDATIONS 13 PATRICK EATON, 14 Respondent. 15 16 Petitioner is a state prisoner representing himself in this habeas corpus action filed 17 pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2015 conviction from the Sacramento 18 County Superior Court for murder and attempted murder following an altercation in a 19 McDonald’s parking lot. Upon careful consideration of the record and the applicable law, the 20 undersigned recommends denying petitioner’s habeas corpus application on the merits. 21 I. Factual and Procedural History 22 A. Trial Court Proceedings 23 Following a jury trial, petitioner was convicted of first degree murder and premeditated 24 attempted murder. ECF No. 10-1 (Abstract of Judgment). The jury also found true 25 enhancements for personal use of a deadly weapon (i.e., a motor vehicle) and hate crime 26 allegations based on the…