Ducart

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VINCENT BENJAMIN TORRES, No. 2:16-cv-0812 JAM KJN Petitioner, v. FINDINGS & RECOMMENDATIONS DUCART, Respondent. 16 I. Introduction Petitioner is a state prisoner, proceeding without counsel, with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his June 2011 convictions for carjacking, kidnapping, street terrorism, two counts of second degree robbery, and attempted second degree robbery. Petitioner was sentenced to fifteen years-to-life, plus forty years and eight months in state prison. Petitioner claims that (1) the trial court abused its discretion in denying a mistrial, (2) trial counsel was ineffective for failing to present expert eyewitness identification testimony, (3) trial counsel was ineffective for failing to conduct a pretrial investigation, and (4) the prosecutor committed constitutional error by referencing petitioner’s facial tattoos in closing argument. After…