Martinelli

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ROBERT A. MARTINELLI, Case No. 19-cv-05461-JD

Petitioner,

ORDER RE PETITION FOR WRIT OF

v. HABEAS CORPUS AND

CERTIFICATE OF APPEALABILITY

ROBERT NEUSCHMID, Re: Dkt. No. 20 Respondent.

12 Robert Martinelli, a pro se state prisoner, has brought a habeas petition pursuant to 28 U.S.C. § 2254. The Court ordered respondent to show cause why the writ should not be granted. Respondent filed an answer and a memorandum of points and authorities in support of it, and lodged exhibits with the Court. Martinelli filed a reply. The petition is denied. BACKGROUND A jury found Martinelli guilty of first-degree residential burglary, attempted carjacking, and that another person was present during the burglary. Clerk’s Transcript (“CT”) at 301, 303. The jury also found true that Martinelli had two prior burglary convictions. Id. at 302, 304. In a bifurcated bench trial, the trial court found that Martinelli had three…