Spearman

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JARROD ERNEST SPENCER-HAYES, ) Case No.: 1:20-cv-00734-NONE-JLT (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATION TO ) DENY PETITION FOR WRIT OF HABEAS v. ) CORPUS ) M. SPEARMAN, ) [THIRTY-DAY OBJECTION DEADLINE] Respondent. ) ) )

Petitioner is currently serving an aggregate prison term of life without possibility of parole, plus 25 years to life for a conviction of first degree murder, assault with a firearm, and various gang and firearm allegations. He filed the instant habeas petition challenging the conviction and sentence. As discussed below, the Court finds the claims to be without merit and recommends the petition be DENIED. I. FACTUAL AND PROCEDURAL BACKGROUND The Court adopts the Statement of Facts in the California Court of Appeal, Fifth Appellate District’s (“Fifth DCA”) unpublished decision1: At around 1:45 a.m., on May 25, 2013, officers responded to a shooting outside of a…