Turner

MEMORANDUM **

Charles Lamont Turner (“Turner”) appeals the district court’s denial of his application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 . Turner raises several challenges: that the jury instruction regarding the admission of evidence of a prior crime violated due process by allowing the prosecution to prove the element of intent by a preponderance of the evidence instead of beyond a reasonable doubt; that California Evidence Code § 1108 facially violates due process by allowing admission of evidence of prior sexual crimes solely for the purpose of proving disposition to commit the present offense; that Turner’s multiple sentencing under California’s Habitual Sexual Offender Law, California Penal Code § 667.71, violated due process; and that Turner’s sentencing under both the Habitual Sexual Offender Law and the Three Strikes Statute violated due process. 1 We have jurisdiction under 28 U.S.C. §§ 1291 and 2253 and we affirm.

Turner’s federal habeas petition was filed on April 8, 1999, thus the Anti-Terrorism and Effective Death Penalty Act of *868 1996 (“AEDPA”) applies to his petition. See Lindh v. Murphy, 521 U.S. 320, 327, 117 S.Ct. 2059 , 138 L.Ed.2d…