Lozano

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT LEE NELSON No. 2:19-cv-01618 MCE DB Petitioner, v. FINDINGS AND RECOMMENDATIONS JARED D. LOZANO, Respondent. 16 Petitioner Robert Lee Nelson, a state prisoner, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner challenges a judgment of convictions entered on January 19, 2017 in the Placer County Superior Court. Petitioner was convicted of criminal threats, corporal injury to cohabitant, unlawful firearm use in violation of a restraining order, and resisting arrest. (ECF No. 16-3 at 232–38.) Petitioner now claims: (1) the trial court violated petitioner’s right to due process under the Fifth and Fourteenth Amendments and right to a fair trial under the Sixth Amendment when it granted the prosecution’s request to reopen the case to admit evidence after petitioner made a Penal Code Section 1118.1 motion for judgment of acquittal, and (2) the trial court violated petitioner’s rights under the…