Nunes

I. FACTS

A review of the record reveals the following undisputed material facts.

A California state court jury found Nunes, the petitioner- appellant, guilty of petty theft with a prior conviction.2 At trial, the jury heard testimony from numerous witnesses indi- cating that Nunes shoplifted $114.40 worth of tools from a Home Depot store. In particular, one Home Depot employee testified that he saw Nunes remove security tags from a tool set by unwrapping and hiding the tool set’s packaging materi- als. Nunes then hid the unwrapped tools in his sweater and walked out of the store without triggering the security alarms. 2 “Every person who, having been convicted of petty theft, grand theft, auto theft . . . , burglary, carjacking, [or] robbery, . . . and having served a term therefor in any penal institution or having been imprisoned therein as a condition of probation for that offense, is subsequently convicted of petty theft, then the person convicted of that subsequent offense is punish- able by imprisonment in the county jail not exceeding one year, or in the state prison.” Cal. Pen. Code § 666. NUNES v. RAMIREZ-PALMER 4639 After the jury found Nunes…