Cates

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DONELL THOMAS HAYNIE, No. 2:19-cv-1967 KJM AC P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 BRIAN CATES, Warden, 15 Respondent. 16 17 Petitioner is a California state prisoner proceeding pro se with an application for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. The action proceeds on the First Amended Petition, 19 ECF No. 18, which challenges an indeterminate life sentence imposed in 2010 as having 20 unconstitutionally relied on a finding by the court, rather than a finding by the jury, that that a 21 prior conviction counted as a “strike” under California’s recidivist sentencing statute. 22 Respondent has answered, ECF No. 27, and petitioner filed a traverse, ECF No. 30. 23 BACKGROUND 24 I. Proceedings in the Trial Court 25 Petitioner was charged in Sacramento County with offenses including rape, kidnaping, 26 assault with a deadly weapon, and pimping. The information alleged prior convictions for 27 …