Godwin

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JORGE VASQUEZ, No. 2:22-cv-00128-TLN-KJN Petitioner, v. FINDINGS & RECOMMENDATIONS RON GODWIN, Respondent. 16 I. Introduction Petitioner Jorge Vasquez 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 2017 conviction for three counts of lewd and lascivious acts (Cal. Penal. Code § 228(a)). Petitioner was sentenced to 25 years in state prison. Petitioner claims that the state court’s removal of petitioner’s “mistake in person” defense from jury consideration violated his right to due process, present a defense, jury trial, and to be free from ex post facto decisions under the Constitution. After careful review of the record, this court concludes that the petition should be denied. II. Procedural History On November 7, 2016, a jury found petitioner guilty of three counts of lewd and lascivious acts upon a…