Hill

ORDER

I. Introduction

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 . Petitioner challenges his 2006 conviction for two counts of second degree burglary (CaLPenal Code § 459), two counts of forgery (CaLPenal Code § 475(c)), and two counts of identity theft (CaLPenal Code § 530.5(a)). The jury also found true allegations that petitioner had suffered four prior convictions within the meaning of CaLPenal Code § 667.5(b) and one prior conviction within the meaning of CaLPenal Code § 667(b)-(I). Petitioner is serving a sentence of 9 years and 4 months.

This action is proceeding on the original petition filed June 2, 2008, which raises the following claims: 1) the trial court erred in admitting hearsay to prove prior felony convictions; 2) insufficient evidence of the prior conviction; 3) trial court erred in refusing to allow defense to introduce hearsay to prove that petitioner had not personally inflicted great bodily injury in commission of his prior conviction.

In his October 3, 2008, reply to respondent’s answer, petitioner raised two claims that were not raised in the original petition: ineffective…