Burton

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TERRENCE O’NEIL, No. 2:18-cv-00858 KJM AC Petitioner, v. FINDINGS AND RECOMMENDATIONS ROBERT BURTON, Warden, Respondent. 16 Petitioner is a California state prisoner proceeding pro se with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He challenges his 2015 conviction for robbery, assault, and battery. ECF No. 1. Respondent has answered, ECF No. 13, and petitioner has filed a traverse, ECF No. 19. BACKGROUND I. Proceedings In the Trial Court A. The Charges Petitioner was charged in Sacramento County with robbery, felony assault by means of force likely to cause great bodily injury, and felony battery with serious bodily injury. With respect to the robbery and felony assault counts, a great bodily injury enhancement was alleged. In addition, a prior serious felony conviction was also alleged. //// B. The Evidence Presented at Trial 2…