Allen

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ELLITON JAY-TWAN VARNADO, No. 2:19-cv-02285-TLN-CKD-P 12 Petitioner, 13 v. FINDINGS & RECOMMENDATIONS 14 TRENT ALLEN, 15 Respondent. 16 17 I. Introduction 18 Petitioner is a state prisoner, proceeding without counsel, with an application for a writ of 19 habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2014 conviction for first 20 degree murder, attempted robbery, robbery, and assault with a firearm. Petitioner was sentenced 21 to life without parole, plus an indeterminate term of 25 years to life, and a determinate term of 19 22 years, four months in state prison. Petitioner claims that (1) there was a prejudicial error in the 23 jury instructions, (2) the trial court erred when it told the jury that the attorneys could expand 24 upon the jury instructions, (3) defense counsel was ineffective, and (4) the record does not 25 accurately reflect the jury’s verdict on count one. (ECF No. 6.) After reviewing the record, this 26 Court concludes…