Kernan

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JOSE RODOLFO RIVAS, No. 2:16-CV-2904 KJM AC Petitioner, v. FINDINGS AND RECOMMENDATIONS SCOTT KERNAN, Warden, Respondent. 15 Petitioner is a California state prisoner proceeding through counsel on an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The action proceeds on a petition which challenges petitioner’s 2012 conviction for aggravated mayhem, second degree robbery, assault with a deadly weapon, and participation in a criminal street gang. ECF No. 1. Respondent has answered, ECF No. 10, and petitioner has filed a traverse, ECF No. 18. BACKGROUND I. Proceedings in the Trial Court A. Preliminary Proceedings Petitioner and several others were charged in Yolo County Superior Court with multiple counts arising from a 2009 attack on members of a rival gang. In 2011, petitioner and three co- defendants went to trial on the charges. The jury convicted one…