Gamboa

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEFFREY BUCHANAN, No. 2:23-cv-2731 DJC AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS MARTIN GAMBOA, Respondent. 16 Petitioner, a state prisoner proceeding through counsel, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent has moved to dismiss. ECF No. 10. I. Background A. State Trial Proceedings Petitioner was convicted by a jury in El Dorado County Superior Court of one count of continuous sexual abuse of a minor under fourteen (Cal. Penal Code § 288.5(a)) and seven counts of lewd acts upon a child (Cal. Penal Code § 288 (a)). ECF No. 1 at 1-2. He was sentenced to a prison term of sixteen years. Id. at 1. B. State Post-Conviction Proceedings Petitioner appealed his conviction and sentence to the California Third District Court of Appeal (C095188), alleging numerous errors at trial in violation of his constitutional rights, as 28 …