(HC)Apolinar

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

RAFAEL APOLINAR, Case No. 1:21-cv-00217-DAD-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION

RECOMMENDING DENIAL OF PETITION

v. FOR WRIT OF HABEAS CORPUS

RAYMOND MADDEN, ORDER DIRECTING CLERK OF COURT

TO UPDATE PETITIONER’S ADDRESS

Respondent.

16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. BACKGROUND On April 22, 2016, Petitioner was convicted after a jury trial in the Fresno County Superior Court of first-degree murder. (1 CT1 294.) The jury could not agree on a finding regarding the special allegation that Petitioner personally and intentionally discharged a firearm which proximately caused death to the victim. (1 CT 293; 7 RT2 1529–34.) Petitioner was sentenced to an indeterminate imprisonment term of twenty-five years to life. (2 CT 334.) On January 7, 2020, the California Court of Appeal,…