Frauenheim

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

GERALD BRENT HARRIS, Case No. 1:19-cv-01203-JLT-SAB-HC

Petitioner, SUPPLEMENTAL FINDINGS AND

RECOMMENDATION RECOMMENDING

v. EXPANSION OF RECORD AND

EVIDENTIARY HEARING, IF

SCOTT FRAUENHEIM, NECESSARY, ON INEFFECTIVE

ASSISTANCE OF COUNSEL CLAIM FOR

Respondent. FAILURE TO FILE NOTICE OF APPEAL

16 Petitioner, represented by counsel, is a state prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. BACKGROUND On September 4, 2014, Petitioner was convicted after a jury trial in the Kern County Superior Court of second-degree murder. The jury also found true the special allegations that Petitioner personally discharged a firearm causing death. (2 CT1 394–95, 406.) The trial court sentenced Petitioner to an indeterminate term of fifteen years to life for second-degree murder plus twenty-five years to life for the personal gun use…