Langley

ORDER DENYING PETITION FOR A WRIT OF HABEAS CORPUS

INTRODUCTION

Petitioner , a prisoner of the State of California incarcerated at the California State Prison, Solano, has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 . This Court ordered Respondent to show cause why a writ should not be issued. Respondent filed an answer, memorandum and exhibits in support thereof and Petitioner filed a traverse. For the reasons stated below, the petition is denied on the merit s.

PROCEDURAL BACKGROUND

In March, 2003, a jury convicted petitioner of voluntary manslaughter and being a convicted felon in possession of a firearm. The jury also found that Petitioner personally used a firearm in the commission of the voluntary manslaughter. Petitioner was sentenced to 11 years in state prison for the manslaughter conviction and a 10 year term, to be served consecutively, for the personal firearm use enhancement. Petitioner was also sentenced to serve a concurrent three year term for being a felon in possession of a firearm. In total, Petitioner was sentenced to 21 years in state prison.

Petitioner appealed to the California Court of Appeal. On March 15, 2005, 2005 WL…