(HC) Maglaya v. People of the State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAYSON MAGLAYA, No. 2:16-cv-02694-TLN-CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS PEOPLE OF THE STATE OF

CALIFORNIA,

15 Respondent. 16 Petitioner is a state prisoner proceeding pro se in this habeas corpus action filed pursuant to 28 U.S.C. § 2254. Respondent has answered the first amended habeas petition, ECF No. 18, and petitioner has filed a traverse. ECF Nos. 27-28. Upon careful consideration of the record and the applicable law, the undersigned recommends that the petition be denied for the reasons explained below. I. Factual and Procedural Background Following a jury trial in the Nevada County Superior Court, petitioner was convicted of attempted murder and assault with a deadly weapon. Petitioner was sentenced to 28 years to life in prison based on the jury’s findings that he had two prior serious or violent felony convictions. The California Court of Appeal affirmed petitioner’s convictions on May 26,…