Fox

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES FLOYD, No. 2:16-cv-1778 KJN (HC) Petitioner, v. ORDER ROBERT W. FOX, Warden, Respondent. 16 I. Introduction Petitioner is a state prisoner, proceeding with counsel, with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2014 conviction for first degree burglary and violating a restraining order. Petitioner was sentenced to a total of thirteen years in state prison. Petitioner claims that the alleged prior conviction was not established by sufficient evidence in violation of his constitutional rights, and that trial counsel provided ineffective assistance by failing to call certain defense witnesses at trial. After careful review of the record, this court concludes that the petition should be denied. II. Procedural History On March 7, 2014, a jury found petitioner guilty of first degree burglary (Cal. Pen. Code, § 459 [count 1]) and violation of a…