Covello

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRIAN WINFIELD ARNOLD, No. 2:22-cv-2210 DC CKD P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 PATRICK COVELLO, et al. 15 Respondents. 16 17 Petitioner is a California prisoner proceeding with counsel with a petition for a writ of 18 habeas corpus under 28 U.S.C. § 2254. He is serving a sentence of 73-years-to-life imprisonment 19 following a jury trial in the Superior Court of Sacramento County resulting in numerous 20 convictions arising from the repeated molestation of petitioner’s grandnephew. CT 756-59. 21 Petitioner claims the trial court violated his right to due process by not ordering an evaluation of 22 his competency to stand trial. For the reasons which follow, the court recommends that the 23 petition for writ of habeas corpus be denied. 24 I. Background 25 The California Court of Appeal provided the following background concerning the claim 26 presented here: 27 In January 2018, defendant was charged by felony complaint.…