Moore

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH MICHAEL FINOCCHIO, No. 2:22-cv-1604 DJC KJN P Petitioner, v. FINDINGS & RECOMMENDATIONS S. MOORE, 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 2020 conviction for attempted murder and several gun use enhancements. Petitioner was sentenced to 29 years in state prison. Petitioner claims that the admission of the victim’s preliminary hearing testimony and statements to the police violated his right to confrontation. After careful review of the record, this court concludes that the petition should be denied. II. Procedural History On January 22, 2020, a jury found petitioner guilty of attempted murder and found several gun use enhancements to be true. (ECF No. 26-1 at 120-22.) The trial court also found that petitioner had a prior strike…