Hatton

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANDREY BERNICK, No. 2:17-cv-02348-DAD-AC (HC) 12 Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DENYING

13 v. PETITION FOR HABEAS RELIEF 14 SHAWN HATTON, Warden, (Doc. Nos. 1, 25) 15 Respondent.1 16 17 Petitioner is a state prisoner proceeding through counsel with a petition for writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. In his pending petition for federal habeas relief, petitioner 19 challenges his 2011 conviction in the Sacramento County Superior Court for second-degree 20 murder in violation of California Penal Code §§ 187(a), 189 with a finding pursuant to California 21 Penal Code § 12022.53(b)(c) and (d) that he intentionally and personally used a firearm arm to 22 commit the crime resulting in death. (Doc. No. 1.) Petitioner was sentenced to an aggregate 23 prison term of 45 years to life: 20 years to life for the murder conviction, plus a consecutive 25 24 years to life on the firearm enhancement. (Id. at…