Dandridge

MEMORANDUM **

Brent Dandridge, a California state prisoner, appeals pro se the denial of his habe-as corpus petition brought under 28 U.S.C. § 2254 . He was convicted, after a jury trial, of two counts of inflicting corporal injury upon a cohabitant. He contends that the district court erred in denying his claim that the trial court violated his rights under the Confrontation Clause by admitting pursuant to Cal. Evid.Code § 1370 a police report containing hearsay statements made by the victim. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The holding of Crawford v. Washington, 541 U.S. 36, 59 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004), that “[testimonial statements of witnesses absent from trial [may be] admitted only where the declar-ant is unavailable and only where the defendant has had a prior opportunity to cross-examine,” does not apply retroactively to cases that already were final on direct review when Crawford was decided. Whorton v. Bockting, — U.S. -, 127 S.Ct. 1173, 1184 , 167 L.Ed.2d 1 (2007). Dandridge’s conviction became final in 2002, after the California Supreme Court denied review. We therefore apply Ohio v. Roberts, 448 U.S. 56, 65-66 , 100 S.Ct.…