Gamboa

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 8 DAVID E. BRISTOW No. 2:19-cv-1816 JAM DB Petitioner, v. FINDINGS AND RECOMMENDATIONS STATE OF CALIFORNIA, Respondent. 14 Petitioner, a state prisoner, proceeds pro se and in forma pauperis with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner challenges a judgment of convictions entered on March 28, 2014 in the Yolo County Superior Court. Petitioner stands convicted of conspiracy to commit murder, attempted murder, assault, and associated enhancements. Petitioner claims that the prosecutor’s peremptory challenges to three Hispanic prospective jurors were based on group discrimination and violated his due process and equal protection rights under the Fourteenth Amendment. For the reasons set forth below, this court recommends denying the petition. BACKGROUND I. Facts Established at Trial The California Court of Appeal for the Third Appellate District provided the…