Benny Leon, Jr. v. Richard Kirkland

MEMORANDUM

Benny Leon, Jr., a California state prisoner, appeals from the district court’s denial of his petition under 28 U.S.C. § 2254 for a writ of habeas corpus. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253. We review the district court’s denial of a habeas petition de novo, while its factual findings are reviewed for clear error. See McMurtrey v. Ryan, 539 F.3d 1112, 1118 (9th Cir.2008). We affirm in part and reverse and remand in part.

We conclude that any error the trial court made in excluding evidence that Leon sought to offer for the purpose of establishing his state of mind was harmless. The district court correctly determined that Leon is not entitled to habeas relief on that issue.

Leon also seeks habeas relief based on a sentencing error. Following his conviction for voluntary manslaughter, Leon was sentenced to an upper term based on facts which were found by the trial judge. “Other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.” Apprendi v. New Jersey, 530 U.S. 466, 490 , 120 S.Ct. 2348 , 147 L.Ed.2d 435…