Gomez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JUAN GOMEZ, Case No. 18-cv-03021-EMC

Petitioner,

ORDER DENYING PETITION FOR

v. WRIT OF HABEAS CORPUS

SCOTT FRAUENHEIM, Respondent.

12 I. INTRODUCTION Juan Gomez filed this action for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 to challenge his conviction and sentence from Santa Clara County Superior Court. Respondent has filed an answer to the petition, and Mr. Gomez has filed a traverse. For the reasons discussed below, the petition is denied. II. BACKGROUND A. The Crime The California Court of Appeal described the evidence presented at trial:

During a one-day trial, the victim, then 11 years old, testified that defendant is her younger half-sister's father. He moved in with her and her mother when the victim was six or seven years old. She testified that once, when she was sick and her mother was out …