Frauenheim

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FREDDY AVALOS, No. 2:15-cv-2222 TLN AC Petitioner, v. FINDINGS AND RECOMMENDATIONS SCOTT FRAUENHEIM, Warden, Respondent. 16 Petitioner is a California state prisoner represented by counsel and proceeding with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petition challenges petitioner’s 2013 conviction for assault with a firearm and shooting at an occupied vehicle. ECF No. 1. Respondent has answered, ECF No. 11, and petitioner filed a traverse, ECF No. 18. BACKGROUND I. Proceedings In the Trial Court A. Preliminary Proceedings Petitioner was charged in this San Joaquin County with (1) attempted murder, with enhancements for personal discharge of a firearm and for infliction of great bodily injury; (2) assault with a firearm, with enhancements for use of a firearm in commission of a felony and for infliction of great bodily injury; (3)…