Dykes

I. BACKGROUND

23 In August of 1995, Petitioner was convicted in the Alameda County Superior Court on 24 multiple counts stemming from the July 26, 1993, murder of nine-year-old Lance Clark. Docket 25 No. 13 at ¶ 50. In addition to the first-degree murder of Lance Clark, the jury convicted Petitioner 26 of the robbery and attempted murder of Bernice Clark, Lance’s grandmother. People v. Dykes, 46 27 Cal.4th 731, 742 (2009). The jury further found true the allegations that Petitioner used a firearm with respect to each count of conviction and that, as to the attempted murder and robbery counts, Bernice Clark suffered great bodily injury and was a victim over seventy years of age. Id. However, the jury found not true the allegation that the attempted murder of Bernice Clark was willful, deliberate, and premeditated. Id. Finally, the jury also found true the robbery-murder special circumstance. Id. After the penalty phase of trial, the jury found that Petitioner should be sentenced to death. Id. The trial court sentenced Petitioner accordingly, and, on automatic appeal to the California Supreme Court, Petitioner’s conviction and sentence were…