Wilson

BACKGROUND

A jury found Petitioner guilty of assault with a firearm and found true the allegations of personal use of a firearm and infliction of great bodily injury. People v. Wilson, No. A157211, 2021 WL 1556651, at *1 (Cal. Ct. App. April 21, 2021). Petitioner was sentenced to a prison term of 11 years. Id. at *2. The California Court of Appeal affirmed the conviction. Id. at *1. The California Supreme Court denied review. Petition at 3. Petitioner’s habeas petitions to the San Mateo County Superior Court, the California Court of Appeal and the California Supreme Court were denied. Id. at 4.

DISCUSSION

A. Standard of Review This Court may entertain a petition for a writ of habeas corpus “in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a); Rose v. Hodges, 423 U.S. 19, 21 (1975). A district court shall “award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the application that the applicant or person detained is not entitled…