Becerra

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

PAUL MARK FREEMAN, ) Case No.: 1:21-cv-00195-JLT (HC) ) Petitioner, ) FINDINGS AND RECOMMENDATION TO ) DENY PETITION FOR WRIT OF HABEAS v. ) CORPUS ) XAVIER BECERRA, Attorney General, ) [THIRTY-DAY OBJECTION DEADLINE] Respondent. ) ) )

Petitioner was convicted by jury trial for DUI, with a prior, and is serving a sentence of eight years and four months. He filed the instant habeas petition challenging the conviction and sentence. As discussed below, the Court finds the claims to be without merit and recommends the petition be DENIED. I. PROCEDURAL HISTORY Petitioner is in custody pursuant to a Stanislaus County Superior Court judgment imposing a term of eight years and four months after jury conviction for DUI, with a prior, inter alia. (Doc. 9 at 2.) Petitioner appealed to the California Court of Appeal, Fifth Appellate District (“Fifth DCA”), and held that “[t]he abstract of…