Flores

PROCEEDINGS: (IN CHAMBERS) ORDER APPOINTING COUNSEL FOR PETITIONER FOR LIMITED PURPOSES; ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE FOUND TO BE UNEXHAUSTED; AND ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE STAYED WHILE PETITIONER EXHAUSTS GROUND ONE BEFORE THE CALIFORNIA SUPREME COURT

On July 7, 2006, petitioner Manuel Flores, aka Manuel Gutierrez Flores, proceeding pro se, filed the pending petition for writ of habeas corpus under 28 U.S.C. § 2254 , and on August 30, 2006, respondent filed an answer. On September 15, 2006, petitioner filed a reply or traverse.

The petitioner raises the following claims in his habeas corpus petition:

Ground One — “The imposition of an upper term sentence violated Blakely v. Washington and U.S. Constitution 6th Amend. (Right to jury) and 14th Amend. (Due Process).” (Petition at 6).

Ground Two — The trial court’s “[e]rro-neous admission of hearsay testimony violated the confrontation clause of the 6th Amend, to the U.S. Constitution.” (Id.)

Ground Three — “Restitution Fine violates the Due Process Clause of the 14th Amend, of the U.S. Constitution.” (Petition at 7).

BACKGROUND

On November 17, 2003, in Los Angeles County Superior…