Frauenheim

BACKGROUND

21 On September 4, 2014, Petitioner was convicted after a jury trial in the Kern County 22 Superior Court of second-degree murder. The jury also found true the special allegations that 23 Petitioner personally discharged a firearm causing death. (2 CT1 394–95, 406). The trial court 24 sentenced Petitioner to an indeterminate term of fifteen years to life for second-degree murder 25 plus twenty-five years to life for the personal gun use enhancement. (2 CT 406; 7 RT2 1550). On 26 March 28, 2018, the California Court of Appeal, Fifth Appellate District ordered that the 27 1 “CT” refers to the Clerk’s Transcript on Appeal lodged by Respondent on April 15, 2021. (ECF No. 26). 2 “RT” refers to the Reporter’s Transcript on Appeal lodged by Respondent on April 15, 2021. (ECF No. 26).

1 Case 1:19-cv-01203-NONE-SAB Document 35 Filed 12/21/21 Page 2 of

1 sentence be “vacated and the case remanded for the trial court to exercise its discretion whether

2 to impose or to strike the gun use enhancement pursuant to section 12022.53 as amended [by

3 Senate Bill No. 620].” People v. Harris, No. F070236, 2018 WL 1516967, at *10 (Cal. Ct. App.

4 Mar. 28, 2018). The judgment…