Koenig

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSE LUIS PARTIDA, No. 2:20-cv-0583 TLN AC Petitioner, v. FINDINGS AND RECOMMENDATIONS CRAIG KOENIG, 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. The action proceeds on the original petition, ECF No. 1, which challenges petitioner’s 2015 conviction for attempted murder and aggravated mayhem. Respondent has answered. ECF No. 13. Petitioner did not file a traverse. BACKGROUND I. Proceedings in the Trial Court A. Preliminary Proceedings Petitioner was charged in Sacramento County with attempted murder (Cal. Pen. Code §§ 664, 187(a)) and aggravated mayhem (§ 205). The prosecution further alleged that the attempted murder was premeditated (§ 664(a)), that petitioner personally used a firearm during the commission of the crimes (§ 12022.53(b)), and that he used…