(HC) Nicholes v. State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRYCE WAYNE NICHOLES, No. 2:16-cv-02643-MCE-AC Petitioner, v. FINDINGS AND RECOMMENDATIONS STATE OF CALIFORNIA, Respondent. 16 Petitioner is a California state prisoner proceeding pro se with an application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The action proceeds on the petition filed on November 7, 2016, ECF No. 1, which presents two claims challenging petitioner’s 2014 conviction and sentence for attempted voluntary manslaughter and assault with a firearm. Respondent State of California filed an answer, ECF No. 20, and petitioner did not file a traverse. I. BACKGROUND A. Trial The prosecution presented the following evidence at trial. Petitioner and at least one other individual, Eric Baca (“Baca”) were arguing outside Big John’s Bar and Grill in Yuba City, California in the early morning hours of January 29, 2012. As summarized by the Court of Appeal, 28 …