Hill

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JASON SCOTT HARSIN, No. 2:19-cv-2516 WBS KJN P Petitioner, v. FINDINGS & RECOMMENDATIONS RICK HILL, Respondent. 16 I. Introduction Petitioner is a state prisoner, proceeding without counsel, with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2017 conviction for second degree murder; driving under the influence of alcohol/drugs causing bodily injury; and driving under the influence of alcohol with blood alcohol of 0.08 or more by weight, causing injury. (ECF No. 1.) Petitioner was sentenced to 15 years-to-life in state prison. Petitioner claims that the trial court committed reversible error by failing to sua sponte instruct the jury on involuntary manslaughter as a lesser offense to murder. (ECF No. 1 at 4.) After careful review of the record, this court concludes that the petition should be denied. II. Procedural History On February 9, 2017, in the…