Dedmon

MEMORANDUM *

Andre Dedmon appeals the district court’s dismissal of his petition for a writ of habeas corpus. He argues that he is entitled to relief under the Antiterrorism and Effective Death Penalty Act (AEDPA) because: (1) there was insufficient evidence to support his convictions for assault under California law; and (2) his sentence constitutes cruel and unusual punishment in violation of the Eighth Amendment. We affirm.

The California Court of Appeal did not unreasonably apply Jackson v. Virginia, 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979), in finding sufficient evidence to support Dedmon’s convictions for assault with a firearm. Due process requires that proof of a crime be established beyond a reasonable doubt. Id. at 315-16 . A verdict is supported by evidence which satisfies due process if, “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.” Id. at 319 (emphasis in original).

“Assault” is defined by California Penal Code § 240 as the “unlawful attempt, coupled with the present ability, to commit a violent injury on the person…