Gastelo

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

CRAIG LAMAR FOSTER, ) Case No.: 1:19-cv-00860-DAD-JLT (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATION TO ) DENY PETITION FOR WRIT OF HABEAS v. ) CORPUS ) JOSIE GASTELO, Warden, ) [TWENTY-ONE DAY OBJECTION DEADLINE] Respondent. ) ) )

Petitioner is currently in state prison serving a sentence of 74 years to life for his conviction for offenses surrounding shooting two people in a bar. 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 Petitioner was convicted of second-degree murder of Janee Tatum (Pen. Code, § 187) and attempted murder of Herman Tatum, Jr. (§§ 664/187), with enhancements for personally and intentionally discharging a firearm causing great bodily injury or death (§ 12022.53, subd. (d)). People v. Foster, 2019 Cal. App. Unpub.…