Ndoh

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES RAY BAGLEY, JR., No. 2:17-cv-2213 MCE DB P Petitioner, v. FINDINGS AND RECOMMENDATIONS ROSEMARY NDOH, Warden, Respondent. 16 Petitioner, a state prisoner, proceeds pro se with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner challenges a judgment of conviction entered on October 30, 2015 in the Sutter County Superior Court. Petitioner stands convicted of assault with a deadly weapon for which he is serving an aggregate 10-year prison term. Petitioner claims the trial court’s failure to instruct the jury on defense of property as an affirmative defense violated his rights under the Sixth and Fourteenth Amendments. For the reasons set forth below, it is recommended that the petition be denied. BACKGROUND I. Trial Evidence The California Court of Appeal for the Third Appellate District provided the following summary of the evidence presented at trial: ////…