Leon
Leon v. Felker
Opinion
Opinion
Patel, J.
MEMORANDUM & ORDER
Re: Petition for Writ of Habeas Corpus
Petitioner David Leon, a California prisoner incarcerated at the California State Prison in Susanville, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. section 2254 . This matter — wherein Leon challenges the constitutional validity of his convictions — is now before the court for consideration on the merits. For the reasons set forth below, the petition is granted in part.
BACKGROUND
Unless otherwise indicated, all background facts are taken from the California Court of Appeal decision denying petitioner’s request for relief. People v. Leon, No. H028370, 2006 WL 2988981 (Cal.Ct.App. Oct. 20, 2006).
On December 26, 2003, petitioner was charged with: 1) the murder of Enrique Hernandez; 2) discharging a firearm at an occupied motor vehicle; and 3) assault with a firearm. The charging document further alleged that petitioner personally and intentionally discharged a firearm during the commission of the offenses in counts one and two, that he personally used a firearm during the commission of the offense in count three, and that he committed all the offenses for the benefit of a criminal street gang. On…