(HC)Covarrubias

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

NAIN MARTIN COVARRUBIAS, Case No. 1:22-cv-0446-AWI-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION

RECOMMENDING DENIAL OF PETITION

v. FOR WRIT OF HABEAS CORPUS SEAN MOORE, Respondent.

16 Petitioner Nain Martin Covarrubias is a state prisoner proceeding through counsel with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. In the petition, Petitioner asserts he was denied due process by the trial court’s admittance of evidence of previous assaultive conduct and that his sentence constitutes cruel and unusual punishment. For the reasons discussed herein, the undersigned recommends denial of the petition for writ of habeas corpus. I. BACKGROUND On February 2, 2018, Petitioner was convicted by a jury in the Merced County Superior Court of attempted murder (count 1) and assault with a firearm (count 2). (CT1 193, 195.) The jury found true the special allegations regarding Petitioner’s…