Guzman

I. BACKGROUND

25 Petitioner was found guilty by a jury in Santa Clara County Superior Court of first 27 degree murder, (Cal. Pen. Code §§ 187, 189); the jury also found true allegations that he personally and intentionally discharged a firearm causing death, (Cal. Pen. Code § 12022.53(d)), and that he committed the offense for the benefit of a criminal street gang, (Cal. Penal Code § 186.22(b)(1)(C)). (Ans. Ex. 1, Volume 3 Clerk’s Transcript (3 CT) at 553, 555-557, 560.2) The trial court sentenced Petitioner to 25 years to life for first degree murder and 25 years to life for the firearm enhancement, for a total of 50 years to life in prison. (3 CT 589-592; Ex. 2, Volume 7 of Reporter’s Transcript (7 RT) at 1497.) An additional ten years for the gang enhancement was stayed. (Id.) On April 14, 2015, the California Court of Appeal initially affirmed the judgment of conviction. (Docket No. 1-2 at 147-156.3) Petitioner sought review on the two issues raised in this action: (1) whether there was sufficient evidence to support the gang enhancement; and (2) whether his sentence constituted cruel and…