Holbrook

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ARNULFO CHAVARIN, No. 2:19-cv-01521 TLN KJN P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

DAVID HOLBROOK, 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 April 26, 2017 convictions for kidnapping to commit rape and rape with an aggravated kidnapping enhancement. (ECF No. 22-3 at 89-171.) Petitioner was sentenced to 83 years and 4 months in state prison. (Id. at 283.) Petitioner raises two claims in his habeas petition: (1) counsel failed to object to witnesses testifying about statements made by his wife and challenges the sufficiency of the evidence, and (2) there is insufficient evidence to support his convictions for kidnapping to commit rape (count 45) and rape with an aggravated kidnapping enhancement (count 46). In accordance with petitioner’s request…