Lopez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSHUA NEIL HARRELL, No. 21-cv-1227 TLN KJN P Petitioner, v. FINDINGS & RECOMMENDATIONS FRANK LOPEZ, 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 August 2018 conviction for three felony counts of fraudulent possession of the personal identifying information of another after having been previously convicted of the same crime (Cal. Penal Code § 530.5, subd. (c)(2)). The trial court sentenced him to 12 years and eight months in state prison. Petitioner claims that: (1) an unreasonable search and seizure violated his rights under the Fourth and Fourteenth Amendments; (2) his trial counsel was ineffective; and (3) Officer Anderson’s false testimony rendered his trial fundamentally unfair. After careful review of the record, this court concludes that the petition should be…