Sullivan

` 2 3 4 5 6 7 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTONIO MONTES LINARES, No. 2:17-cv-427 TLN AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS W. J. SULLIVAN, Respondent. 16 Petitioner is a state prisoner proceeding pro se with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2012 conviction for first-degree murder and sentence of 50 years to life imprisonment. ECF No. 1. Respondent has filed an answer and provided the state court record. ECF Nos. 15 & 16. BACKGROUND I. Proceedings In the Trial Court A. Preliminary Proceedings An information charged petitioner Antonio Montes Linares with the murder of Jose Sanchez and alleged that he personally discharged a firearm. Lodged Doc. 1 at 15 -16. //// //// 28 B. The Evidence Presented at Trial1 The jury heard evidence of the following facts. Nine-year-old Alexandria H. was playing outside, by the front…