Baughman

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

THOMAS HERNANDEZ, ) Case No.: 1:18-cv-01271-LJO-JLT (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATION TO ) DENY PETITION FOR WRIT OF HABEAS v. ) CORPUS ) DAVID BAUGHMAN, Warden, ) [TWENTY-ONE DAY OBJECTION DEADLINE] Respondent. ) ) )

Petitioner is currently in state prison serving a sentence of 49 years and 4 months to life for his conviction for second degree murder, assault with a firearm, discharging a firearm at an inhabited dwelling, and associated firearm enhancements. He filed the instant habeas petition challenging the conviction. As discussed below, the Court finds the claims to be without merit and recommends the petition be DENIED. I. PROCEDURAL HISTORY On April 3, 2014, a Fresno County jury found Petitioner guilty of second degree murder as a lesser included offense, and the firearm allegations were found true, guilty of two counts of assault with a firearm, and…