Patrick

MEMORANDUM **

The facts and procedural history of the case are known to the parties, and we do not repeat them here. Petitioner Eda-leene Sherry Smith appeals the denial of her 28 U.S.C. § 2254 petition for a writ of habeas corpus in connection with her convictions for attempt to transport cocaine while armed with a firearm, conspiracy to commit robbery, first degree attempted robbery, and grand theft auto. A state prisoner is entitled to federal habeas relief only if the state court proceeding “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States,” 28 U.S.C. § 2254 (d)(1), or “in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding,” id. § 2254(d)(2). If there is no Supreme Court precedent that controls a legal claim raised in state court, the state court’s decision cannot be contrary to, or an unreasonable application of, clearly established law. See Carey v. Musladin, 549 U.S. 70 , 127 S.Ct. 649, 653-54 , 166 L.Ed.2d 482 (2006).

Smith claims that the California Supreme…