Spearman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEVEN EVANS, No. 2:18-cv-0070 TLN KJN P Petitioner, v. FINDINGS & RECOMMENDATIONS MARION E. SPEARMAN, 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 2015 conviction for three counts of assault with a firearm and four counts of discharge of a firearm from a motor vehicle with various firearm and great bodily injury enhancements. Petitioner was sentenced to a total of thirty-six years and eight months to life in state prison. Petitioner claims that a jury instruction regarding fleeing amounts to a constitutional error requiring relief in this court. After careful review of the record, this court concludes that the petition should be denied. II. Procedural History On June 17, 2015, a jury found petitioner guilty of three counts of assault with a firearm 27 …