Fernandez

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

Re: Dkt. No.

Before the Court is Petitioner Rolando Fernandez’s (“Petitioner”) second-amended petition for a writ of habeas corpus, filed under 28 U.S.C. § 2254 , challenging the validity of a conviction obtained against him in state court. Dkt. No. 27 (“Pet.”). Respondent W.L. Montgomery, Warden of California State Prison-Calipatria, (“Respondent”) has filed an answer, Dkt. No. 28 (“Ans.”), and Petitioner has filed a traverse, Dkt. No. 32 (“Trav.”). The Court has carefully considered the briefs submitted by the parties. For the reasons set forth below, the petition is DENIED.

I. PROCEDURAL HISTORY

In 2007, a California jury found Petitioner guilty of two counts of second-degree murder, see Cal. Pen. Code § 187 (a), with a sentencing enhancement for intentional discharge of a firearm causing death, id. § 12022.53(d). Pet. ¶ 1. The prosecution also sought to prove that Petitioner was previously convicted of murder, a finding which results in a mandatory penalty of death or life imprisonment without the possibility of parole, but the jury found *995 that allegation untrue. Pet. ¶¶ 1, 4. Petitioner was sentenced to a term of 80…