Sherman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SALVADOR RAMON MARTINEZ, No. 2:19-cv-2477-MCE-EFB P Petitioner, v. FINDINGS AND RECOMMENDATIONS STUART SHERMAN, Respondent. 16 Petitioner is a California state prisoner who, proceeding with counsel, brings an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In 2016 and in the Sacramento County Superior Court, petitioner was convicted of: (1) second degree murder (Pen. Code § 187, subd. (a)) and (2) personally discharging a firearm in the commission of the crime (§ 12022.53, subds. (b)-(d)). Petitioner now argues that his rights were violated because: (1) the provocative act theory of murder used to convict him was not supported by substantial evidence; (2) the trial court erred in omitting a jury instruction on an element of the provocative act theory of murder; and (3) the trial court erred in instructing on adoptive admission with CALCRIM 357, thereby lightening the prosecutor’s burden of proof. 27…