Frauenheim

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DERRICK RAY CALDWELL No. 2:19-cv-0023 JAM DB Petitioner, v. FINDINGS AND RECOMMENDATIONS SCOTT FRAUENHEIM, Respondent. 16 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 April 14, 2016 in the Solano County Superior Court. Petitioner was convicted of robbery in the second-degree (Cal. Penal Code § 211) and assault by means of force likely to produce great bodily injury (Cal. Penal Code § 245(a)(4)), with three prior convictions. Petitioner claims that there was insufficient evidence of force likely to cause great bodily injury as to the assault offense, and the prosecution engaged in prejudicial misconduct by implicitly referring to his failure to testify and improperly shifting the burden of proof. For the reasons set forth below, it is recommended that the petition be denied. 26 …