Perez

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

INTRODUCTION

Petitioner Albino Perez is in state prison serving 47 years to life for multiple convic tions related to an assault with a semiautomatic weapon. He was sentenced under California’s “three strikes” law as a repeat felon. Petitioner filed the instant petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 alleging ineffective assistance of counsel and the denial of his right of confrontation. This order holds that petitioner is not entitled to federal habeas relief.

STATEMENT

Petitioner is in the custody of the California Department of Corrections. On October 7,1996, a jury found petitioner guilty of assault with a semi-automatic firearm, assault with a deadly weapon, shooting into a motor vehicle, and two counts of possession of a firearm by a felon. The jury also found true the enhancement allegations that charged petitioner with personal use of a firearm. The victim in this case was John Hernandez, with whom petitioner had had several confrontations and physical altercations during the 1980s (RT 426-27, 437-38). On June 30, 1997, the trial court found that petitioner had three prior convictions that were…