Lozano

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ENRIQUE TORRES, No. 2:18-cv-3136 MCE KJN P Petitioner, v. FINDINGS & RECOMMENDATIONS PAUL LOZANO, 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 first degree burglary. Petitioner claims his due process rights were violated by a jury instruction that permitted the jury to consider the witness’ level of certainty in evaluating eyewitness identification, and that there was insufficient evidence that the house was inhabited. After careful review of the record, this court concludes that the petition should be denied. II. Procedural History On September 17, 2015 a jury found petitioner guilty of first degree burglary. (ECF Nos. 13-1; 21-1 at 113.) In a bifurcated proceeding, the trial court found petitioner previously sustained a serious…