Spearman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSE M. PEREZ, No. 2:18-cv-0629 MCE DB P Petitioner, v. FINDINGS AND RECOMMENDATIONS MARION SPEARMAN, Respondent. 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner challenges his conviction imposed by the Sacramento County Superior Court in 2015 for robbery with firearm and gang enhancements. Petitioner alleges his right to confront witnesses was violated by the admission of a text message, an instruction to the jury was improperly argumentative, and there was insufficient evidence to support the gang enhancement. For the reasons set forth below, this court will recommend the petition be denied. BACKGROUND I. Facts Established at Trial Petitioner was tried with co-defendant Jasmine Maria Velasquez. The California Court of Appeal for the Third Appellate District provided the…