(HC) Thurman v. Johnson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH LLOYD THURMAN, No. 2:20-cv-0079-KJM-EFB P Petitioner, v. FINDINGS AND RECOMMENDATIONS RAYMOND JOHNSON, Warden, Respondent. 16 Petitioner is a California state prisoner who, proceeding without counsel, brings an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In 2013 and in the Sacramento County superior court, petitioner was convicted of: (1) second degree robbery (Pen. Code § 211) and (2) illegal possession of a firearm (§ 29800, subd. (a)(1)). The jury also found true firearm enhancements for (1) use of a firearm in commission of the robbery (§§ 12022.5, subd. (a)(1), 12022.53, subd. (b)); (2) personally and intentionally discharging a firearm (§ 12022.53, subd. (c)); and (3) personally and intentionally discharging a firearm and proximately causing great bodily injury (§12022.53, subd. (d)). Finally, in a bifurcated proceeding, the jury found true that petitioner had previously been convicted…