Jon Holm v. Fernando Gonzalez

MEMORANDUM

Petitioner Jon Charles Holm appeals the district court’s denial of his habeas corpus petition challenging his conviction of committing two lewd acts upon a child in violation of California Penal Code § 288(c)(1). The district court granted a Certificate of Appealability as to Holm’s claim that the California Court of Appeal’s conclusion that his Sixth Amendment right to notice of the charges against him was not violated was contrary to or an unreasonable application of clearly established federal law. Holm contends that the state trial court’s decision to permit an amendment to change the last date of the charged conduct violated that constitutional right. He also presents uncertified claims. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253, review de novo, Lopez v. Thompson, 202 F.3d 1110, 1116 (9th Cir.2000) (en banc), and affirm.

Under the Antiterrorism and Effective Death Penalty Act of 1996, we grant ha-beas relief based on a claim that was adjudicated on the merits in state court proceedings if the last reasoned state court decision addressing the claims — here, the California Court of Appeal’s 2009 decision — was “contrary to, or involved an…