Bernadette Osika v. Deborah Patrick

MEMORANDUM

Bernadette Maria Osika appeals the district court’s denial of her petition for a writ of habeas corpus. We affirm.

In 2004, Osika assisted her boyfriend, a gang member, in robbing a victim and stealing his vehicle. See People v. Villalobos, 51 Cal.Rptr.3d 678, 680-81 , 145 Cal. App.4th 310, 314-15 (Cal.Ct.App.2006). A jury found Osika guilty of, inter alia, first degree robbery in violation of California law and found that California’s gang enhancement statute applied. By its terms, the gang enhancement statute applies to “any person who is convicted of a felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members....” Cal.Penal Code §§ 186.22(b)(1), (b)(4). The trial court applied the gang enhancement and sentenced Osika to state imprisonment for an indeterminate term of 15 years to life.

Osika argues that the gang enhancement statute required the prosecution to prove more than “that [her] boyfriend intended to further the interests of the gang by committing the crime and that [she] intended to help her boyfriend commit the…