Virginia Frazier v. Deborah Johnson

MEMORANDUM

Virginia Frazier, a California state prisoner, appeals the district court’s denial of her 28 U.S.C. § 2254 habeas corpus petition challenging a five-year sentencing enhancement under California Penal Code § 12022.7(e). We have jurisdiction under 28 U.S.C. § 2253 , and we review de novo. Gonzalez v. Knowles, 515 F.3d 1006, 1011 (9th Cir.2008). We affirm.

Frazier argues that the evidence at trial was insufficient to sustain a finding that she inflicted “great bodily injury under circumstances involving domestic violence in the commission of a felony.” CahPenal Code § 12022.7(e). The standard of review on a sufficiency-of-evidence claim is “whether, ‘after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.’ ” Gonzalez, 515 F.3d at 1011 (quoting Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979)). The state court’s factual findings are presumed to be correct. 28 U.S.C. § 2254 (e)(1).

On direct appeal, the California Court of Appeal rejected Frazier’s claim, finding that the evidence that Frazier slashed Guthrie’s arm…