(HC)Burnett

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANGEL BURNETT, No. 2:22-cv-0223 DJC KJN P Petitioner, v. FINDINGS & RECOMMENDATIONS JAMES ROBERTSON, Respondent. 16 I. Introduction Petitioner is a state prisoner, proceeding with counsel, with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 2019 conviction for assault to commit sexual penetration during the commission of a burglary, first degree burglary, forcible sexual penetration, and misdemeanor possession of methamphetamine. Petitioner was sentenced to 25 years to life in state prison. Petitioner’s sole claim is that the trial court’s failure to give a voluntary intoxication jury instruction prejudicially violated his rights to due process and a jury trial. (ECF No. 1.) After careful review of the record, this Court concludes that the petition should be denied. II. Procedural History On June 14, 2019, a jury found petitioner guilty of assault to…