Singh

MEMORANDUM DECISION

Petitioner Lakwinder Singh, a state prisoner proceeding pro se, has filed a Petition for Habeas Corpus relief under 28 U.S.C. § 2254 . Singh is presently in the custody of the California Department of Corrections and Rehabilitation, incarcerated at the Correctional Training Facility, Soledad. Respondent has answered the Petition and Singh has replied. Singh has also requested an evidentiary hearing.

I. BACKGROUND/PRIOR PROCEEDINGS

Following a jury trial Singh was convicted in the California Superior Court, Sutter County, of one count each second-degree murder (California Penal Code § 190(a)) and personal use and discharge of a firearm in committing the offense (California Penal Code §§ 12022.5, 12022.53). Singh was sentenced to consecutive, indeterminate terms of 15 years to life on the second-degree murder conviction and 25 years to life on the use of a firearm for an aggregate sentence of 40 years to life. Singh was also sentenced to the upper term of 10 years for the gun use enhancement (California Penal Code § 12022.5(a)), which sentence was stayed under California Penal Code § 654. Singh timely appealed his conviction and sentence to the California…