Holland

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

DAVID CARLOS WEBB, No. 2:16-cv-01368 TLN AC Petitioner, v. FINDINGS AND RECOMMENDATIONS KIM HOLLAND, Warden, Respondent.

Petitioner is a California state prisoner proceeding pro se with an application for a writ of

habeas corpus pursuant to 28 U.S.C. § 2254. This action proceeds on the petition filed on June

16, 2016,1 ECF No. 1, which challenges petitioner’s 2013 conviction for two counts of second

degree burglary with use of a firearm. Respondent has answered, ECF No. 17, and petitioner

filed a traverse.

BACKGROUND

I. Proceedings in the Trial Court

A. Preliminary Proceedings

Petitioner was charged with assault of a police officer with a semi-automatic firearm,

unlawful firearm activity, and two counts of second degree robbery. ECF No.…