Gamboa

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RONALD J. SMITH, Case No.: 22-CV-856 JLS (DDL)

Petitioner,

ORDER (1) DENYING SECOND

v. AMENDED PETITION FOR A WRIT

OF HABEAS CORPUS AND (2)

MARTIN GAMBOA, Warden, et al.,

DENYING CERTIFICATE OF

Respondents. APPEALABILITY 16 Ronald J. Smith (“Petitioner”) is a state prisoner proceeding pro se with a Second Amended Petition (“SAP”) for a Writ of Habeas Corpus filed under 28 U.S.C. § 2254. ECF No. 16. Petitioner challenges his 2019 conviction in San Diego County Superior Court case number SCE378134 of thirteen counts of committing a lewd act on a child for which Petitioner was sentenced to a total term of 30 years to life in prison. ECF No. 1 at 1–2, Clerk’s Tr. (“CT”) 303–05, 363–67, ECF No. 24-2 at 93–95, 153–57. In the sole claim in the SAP, Petitioner asserts the trial court improperly excluded GPS evidence, violating his federal constitutional right to present a defense. ECF No. 16 25 …