Guzman

I. BACKGROUND

25 26 Petitioner was found guilty by a jury in Santa Clara County Superior Court of first 27 1 degree murder, (Cal. Pen. Code §§ 187, 189); the jury also found true allegations that he 2 personally and intentionally discharged a firearm causing death, (Cal. Pen. Code § 3 12022.53(d)), and that he committed the offense for the benefit of a criminal street gang, 4 (Cal. Penal Code § 186.22(b)(1)(C)). (Ans. Ex. 1, Volume 3 Clerk’s Transcript (3 CT) at 5 553, 555-557, 560.2) 6 The trial court sentenced Petitioner to 25 years to life for first degree murder and 25 7 years to life for the firearm enhancement, for a total of 50 years to life in prison. (3 CT 8 589-592; Ex. 2, Volume 7 of Reporter’s Transcript (7 RT) at 1497.) An additional ten 9 years for the gang enhancement was stayed. (Id.) 10 On April 14, 2015, the California Court of Appeal initially affirmed the judgment of 11 conviction. (Docket No. 1-2 at 147-156.3) Petitioner sought review on the two issues 12 raised in this action: (1) whether there was sufficient evidence to support the gang 13 enhancement; and (2) whether his sentence constituted cruel and…