Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRIAN WINFIELD ARNOLD, No. 2:22-cv-2210 DC CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS PATRICK COVELLO, et al. Respondents. 16 Petitioner is a California prisoner proceeding with counsel with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. He is serving a sentence of 73-years-to-life imprisonment following a jury trial in the Superior Court of Sacramento County resulting in numerous convictions arising from the repeated molestation of petitioner’s grandnephew. CT 756-59. Petitioner claims the trial court violated his right to due process by not ordering an evaluation of his competency to stand trial. For the reasons which follow, the court recommends that the petition for writ of habeas corpus be denied. I. Background The California Court of Appeal provided the following background concerning the claim presented here: In January 2018, defendant was charged by felony complaint.…