Thomas

Thomas v. Lamarque

Good Law
130 F. App'x 127
United States Court of Appeals for the Ninth CircuitApril 27, 2005No. 04-16134; D.C. No. CV-02-01153-FCD/GGHCalifornia402 words

Opinion

Lead Opinion

MEMORANDUM *

Jimmy Renay Thomas, a California state prisoner, appeals from the denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his convictions for first degree burglary, second degree burglary, and the unlawful taking of a vehicle. We affirm.

*129 It was neither contrary to, nor an unreasonable application of, clearly established Supreme Court precedent for the California Court of Appeal to conclude that a rational trier of fact could have found Thomas guilty of the burglaries beyond a reasonable doubt. See Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979). Thomas was found in possession of property stolen in both burglaries shortly after the burglaries occurred. This was corroborated by evidence showing that he was seen at both burglary locations around the time that each occurred. See People v. Mendoza, 24 Cal.4th 130, 176 , 99 Cal.Rptr.2d 485 , 6 P.3d 150 (2000) (holding that when a defendant is found in possession of recently stolen property “the corroborating evidence ... tending to show his guilt need only be slight to sustain the burglary convictions”).

Nor did the state court unreasonably apply Supreme Court law in holding…

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