Martinez

I. BACKGROUND

5 A Lake County Superior Court jury found Petitioner guilty of kidnapping, carjacking, unlawful taking and driving of a vehicle, and making criminal threats. Dkt. No. 16 at 2, citing People v. Statler, 2016 WL 5462082, at *4 (Cal. Ct. App. 2016) (“Statler”); Dkt. No. 1 at 1. In a bifurcated bench trial, the court found prior conviction and prior prison term sentencing enhancements to be true. Statler, 2016 WL 5462082 at *1, 4. The court sentenced Petitioner to a total state prison term of 27 years and eight months. Id. at *4. The California Court of Appeal affirmed the judgment on appeal. Id. at *1, 9. On December 14, 2016, the California Supreme Court denied a petition for review. Ex. 13; Dkt. No. 16 at 7. On March 16, 2022, Petitioner filed a habeas petition in the California Court of Appeal, which denied the petition on April 5, 2022. Ex.2; Dkt. No. 16 at 9. In June 2022, Petitioner filed a motion in superior court seeking to stay a restitution fine that was imposed when he was sentenced in 2014; the motion was denied. Ex. 3 (7/26/22 entry); Dkt. No. 16 at 11. On July…