Mount

I. BACKGROUND

24 Petitioner was convicted in 2016 by a jury in Lake County Superior Court of second 25 degree murder with enhancements for personally discharging a firearm and commission of 26 27 the crime for the purpose of furthering criminal gang activity. Exh. 1 at 16. The trial court found true a strike prior and a prior serious felony conviction. Id. In 2017, the court sentenced Petitioner to a total unstayed term of 45 years to life plus 17 years determinate. Id. In 2018, Petitioner appealed the conviction to the California Court of Appeal, raising four claims. Exh. 1 at 2-14. On January 28, 2019, the state appellate court struck the 10-year gang enhancement in count 1 and instead imposed a 15-year enhancement. Id. at 16. The court further remanded the case for resentencing on the firearm enhancement. Id. It affirmed the judgment in all other respects. Id. The California Supreme Court denied review in 2019. Exh. 2. In October 2019, the superior court denied a petition for resentencing. Dkt. No. 9 at 2. Petitioner filed the instant federal habeas action on January 7, 2020. Dkt. No. 1. 13 …