Calzadillas

MEMORANDUM **

Luis Arnaldo Calzadillas appeals from the district court’s order denying habeas relief. Calzadillas was convicted of receipt of stolen property under California Penal Code section 496(a), based on stolen goods found in the back of an Escalade truck driven by Omar Peña, but owned by Calza-dillas. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

1. We agree with the district court that the reasoning cited in the state court’s decision entailed an unreasonable application of the Supreme Court’s Jackson standard, see Juan H. v. Allen, 408 F.3d 1262, 1274-75 (9th Cir.2005), which dictates habeas relief when, “upon the record evidence adduced at the trial[,] no rational trier of fact could have found proof of guilt beyond a reasonable doubt,” Jackson v. Virginia, 443 U.S. 307, 324 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979). The state court inferred Calzadillas’s guilt from ownership of the Escalade, and from lack of evidence that Peña was driving the Es-calade without Calzadillas’s permission. Ownership of the Escalade, however, is not sufficient to establish possession of stolen property because the required elements of “[d]ominion and control ... cannot be…

specially concurring:

I concur in the disposition except for paragraph 1.