Charles Anderson Miller v. Daniel B. Vasquez, Warden

State prisoner Miller appeals from the denial by the district court of his petition for habeas corpus. He argues that his conviction was constitutionally flawed because (1) he did not receive a jury trial on a particular sentence enhancement provision, (2) his conviction was not supported by sufficient evidence, and (3) the investigating police officer failed to collect potentially exculpatory evidence. The district court had jurisdiction under 28 U.S.C. § 2254 . We have jurisdiction pursuant to 28 U.S.C. § 2253 . We affirm in part and reverse and remand in part.

I

On the evening of April 12, 1984, Deborah Darien entered a bar in Montclair, California, ordered a drink, and sat at a table with several other people. One of these people, a stranger to her, asked her to dance. While they were dancing, the stranger identified himself as “Chuck Miller.” During the evening, Darien and Miller danced five to seven times. She rebuffed his subsequent efforts to see her again. She was able to get a good look at Miller over the course of the evening.

Darien left the bar alone a few minutes after 1:00 a.m. and drove home. She parked in the lot next to the apartment complex where she lived…