Spearman

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

11 JARROD ERNEST SPENCER-HAYES, ) Case No.: 1:20-cv-00734-NONE-JLT (HC) ) 12 Petitioner, ) FINDINGS AND RECOMMENDATION TO ) DENY PETITION FOR WRIT OF HABEAS 13 v. ) CORPUS ) 14 M. SPEARMAN, ) [THIRTY-DAY OBJECTION DEADLINE] 15 Respondent. ) ) 16 )

17 Petitioner is currently serving an aggregate prison term of life without possibility of parole, 18 plus 25 years to life for a conviction of first degree murder, assault with a firearm, and various gang 19 and firearm allegations. He filed the instant habeas petition challenging the conviction and sentence. 20 As discussed below, the Court finds the claims to be without merit and recommends the petition be 21 DENIED. 22 I. FACTUAL AND PROCEDURAL BACKGROUND 23 The Court adopts the Statement of Facts in the California Court of Appeal, Fifth Appellate 24 District’s (“Fifth DCA”) unpublished decision1: 25 At around 1:45 a.m., on May 25, 2013, officers responded to a shooting outside of a…