Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUSTIN M. COOPER, No. 2:22-cv-1632 DAD KJN P Petitioner, v. FINDINGS & RECOMMENDATIONS PATRICK COVELLO, Warden, Respondent. 16 I. Introduction Petitioner is a state prisoner, proceeding without counsel, with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2018 conviction for theft of a vehicle. Respondent filed a traverse, and petitioner filed a reply, as well as a motion for summary judgment. After careful review of the record, this court concludes that the petition and the motion should be denied. II. State Court History On November 1, 2018, a jury found petitioner guilty of theft of a 2007 Ford F250 truck on June 26, 2018, in violation of California Vehicle Code section 10851(a). (ECF No. 12-15 at 1,

The jury was instructed as follows: “The defendant is charged in Count 1, with unlawfully taking or driving a vehicle in violation of Vehicle…