Davis

MEMORANDUM **

California State prisoner Dorian Davis appeals from the district court’s dismissal of his habeas corpus petition filed under 28 U.S.C. § 2254 . The district court determined that Davis had not exhausted his state court remedies before seeking federal habeas relief. We granted a Certificate of Appealability to decide whether Davis had properly exhausted his claim that the trial court violated his Sixth and Fourteenth Amendment right to counsel by improperly granting his petition for self-representation under Faretta v. California, 422 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975). We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253, and review de novo the dismissal of Davis’s habeas petition. Manning v. Foster, 224 F.3d 1129, 1132 (9th Cir.2000); James v. Pliler, 269 F.3d 1124, 1125 (9th Cir.2001). We reverse and remand.

*672 The State contends that Davis’s petition was properly dismissed, because he presented additional legal theories and facts in his federal habeas petition that were not contained in his petition for review to the California Supreme Court. However, we conclude that any new or different facts or legal theories in Davis’s federal habeas…