Allison

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DAVID JOHNSON, Case No.: 19cv1673-LAB(KSC)

Petitioner,

REPORT AND RECOMMENDA-

v. TION RE FIRST AMENDED

PETITION FOR WRIT OF HABEAS

KATHLEEN ALLISON, Secretary, CORPUS [Doc. No. 29.] Respondent. 16 Petitioner David Johnson, a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus [Doc. No. 1] and a First Amended Petition [Doc. No. 29], challenging his sentence in San Diego Superior Court Case No. SCD 237392. [Doc. Nos. 1, 29.] The First Amended Petition raises one claim—whether there was sufficient evidence to establish that petitioner’s two prior convictions for assault with a deadly weapon qualify as serious violent felonies and strikes under California’s Three Strikes Law. [Doc. No. 29. at pp. 14-27.] Respondent has filed an Answer and Response to the First Amended Petition. [Doc. No. 35.] This Court has carefully reviewed the First…