Garcia

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JUAN CARLOS GARCIA, 20-CV-2127-LAB-WVG

Petitioner,

REPORT AND RECOMMENDATION

v. DENYING PETITION FOR WRIT OF

HABEAS CORPUS

14 J. ROBERTSON, Warden, et al., Respondents. 17 I. INTRODUCTION On October 29, 2020, Juan Carlos Garcia (“Petitioner”), a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus (“Petition”) pursuant to 28 U.S.C. section 2254, challenging his conviction in San Diego Superior Court for carjacking, assault with a deadly weapon, unlawful taking and driving of a vehicle, and withholding a stolen vehicle.1 (Doc. No. 10-8 at 74-78). Petitioner claims the trial court committed prejudicial error and violated his due process rights and right to a fair trial by allowing an officer to testify as to whether the Petitioner appeared in a surveillance video at the crime scene. 26 1 Petitioner was also convicted based on findings that, during the commission of the…