Gomez

ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE

The Court has reviewed the entire record in this action, the Report and Recommendation of Magistrate Judge (“Report”), and petitioner’s objections. The Court concurs with and adopts the findings of fact, conclusions of law, and recommendations contained in the Report after having made a de novo determination of the portions to which objections were directed.

REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE

I. Background

A. Procedural History

On July 17,1998, in Los Angeles County Superior Court Case No. BA12688, a jury found petitioner guilty of one count of first-degree murder (CaLPenal Code § 211) and found true the allegation that he personally used a firearm in committing the murder (CaLPenal Code § 12022.5(a)). [Clerk’s Transcript (“CT”) 184-185; Reporter’s Transcript (“RT”) 1070-1072.] The trial court sentenced petitioner to 29 years to life in state prison. [CT 188, 190; RT 1093-1094.]

Petitioner appealed to the California Court of Appeal, which affirmed the judgment on March 8, 2000. [Answer Exhibit (“Ex.”) B at 10-19.]

On April 12, 2000, petitioner filed a petition for review in the California Supreme Court,…