Sullivan

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

11 RUBEN TONY CERVANTES, ) Case No.: 1:20-cv-00188-NONE-JLT (HC) ) 12 Petitioner, ) FINDINGS AND RECOMMENDATION TO ) DENY PETITION FOR WRIT OF HABEAS 13 v. ) CORPUS ) 14 W.J. SULLIVAN, Warden, ) [THIRTY-DAY OBJECTION DEADLINE] 15 Respondent. ) ) 16 )

17 Petitioner was convicted by jury trial of attempted deliberate and premeditated murder. He 18 filed the instant habeas petition challenging the conviction. As discussed below, the Court finds the 19 Petitioner’s claim to be without merit and recommends the petition be DENIED. 20 I. PROCEDURAL HISTORY 21 Petitioner was convicted of two counts of attempted deliberate and premeditated murder (Pen. 22 Code, §§ 664/189; counts 1 & 2) and one count of infliction of corporal injury to a spouse (§ 273.5, 23 subd. (a); count 4). People v. Cervantes, 2018 Cal. App. Unpub. LEXIS 6460, at *2 (Cal. App. 5th 24 Dist. September 18, 2018). As to count 1, the jury found true he personally…