Diaz

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 ALBERT GARCIA, ) Case No.: 1:20-cv-00304-NONE-JLT (HC) ) 12 Petitioner, ) FINDINGS AND RECOMMENDATION TO ) DENY PETITION FOR WRIT OF HABEAS 13 v. ) CORPUS ) 14 RALPH DIAZ, ) [THIRTY-DAY OBJECTION DEADLINE] 15 Respondent. ) ) 16 )

17 Petitioner is currently serving a sentence of twenty-four years to life in prison after a jury 18 found him guilty of attempted murder, assault with a deadly weapon, and found true related gang 19 enhancements. He filed the instant habeas petition challenging the conviction and sentence. As 20 discussed below, the Court finds the claims to be without merit and recommends the petition be 21 DENIED. 22 I. PROCEDURAL HISTORY 23 Petitioner was charged with attempted murder (Pen. Code §§ 664/187, subd. (a); count 1) 24 committed for the benefit of, at the direction of, or in association with a criminal street gang (§ 186.22, 25 subds. (b)(1)(C) & (b)(5)); and assault with a deadly weapon (§ 245,…