Lizarraga

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER KELLY WELLS, No. 2:16-cv-2807 WBS AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS JOE A. LIZARRAGA, Respondent. 16 Petitioner is a California state prisoner proceeding pro se with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The action proceeds on a petition which challenges petitioner’s 2014 conviction for robbery in the first and second degree and assault with a firearm. ECF No. 1. Respondent has answered, ECF No. 13, and petitioner has filed a traverse, ECF No. 29. BACKGROUND I. Proceedings in the Trial Court A. Preliminary Proceedings Petitioner and his co-defendant Elisha Simpson were charged in Sacramento County Superior Court with robbery in the first and second degree and assault with a firearm, and petitioner was alleged to have personally used a firearm in relation to the first-degree robbery and //// assault charges. 1…