Cobbs

MEMORANDUM **

California state prisoner Ricky Lee Cobbs, Jr. appeals from the district court’s judgment denying his 28 U.S.C. § 2254 petition, challenging his conviction and sentence for murder and street terrorism. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253, and we affirm.

Cobbs contends that: (1) the trial court erred by denying his request for a “claim of right” jury instruction; (2) there was insufficient evidence that the murder was the natural and probable consequence of his unarmed assault of the victim; (3) the trial court erred by denying his request for a jury instruction stating that the shooting was not a natural and probable consequence of the assault if it was the independent act of one of the participants; (4) the jury instructions improperly permitted the jury to consider whether the crime of murder in the abstract is a natural and probable consequence of the crime of assault in the abstract; (5) the natural and probable consequences doctrine violates due process because it permits conviction based on ordinary negligence; (6) the natural and probable consequences doctrine creates an unconstitutional presumption of the presence of malice; (7) the…