FINDINGS AND RECOMMENDATIONS
Petitioner is a state prisoner proceeding through counsel with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his 1997 conviction on charges of transportation and possession of a controlled substance and false personation, and the sentence of two consecutive indeterminate terms of twenty-five years to life in prison imposed thereon. (Resp'ts' Motion to Dismiss, Ex. A.) Petitioner also received a four-year term for prior convictions pursuant to California Penal Code § 667.5(b). Petitioner raises two claims in his second amended petition, filed November 8, 2007, that his prison sentence violates the Constitution.
On February 17, 1996, Police Officer Elmer Marzan was on patrol, when he saw [petitioner] driving a beige Ford Escort and not wearing a seat belt. The officer turned his motorcycle around and observed [petitioner] pulling into a driveway. Officer Marzan stopped in front of the driveway as [petitioner] got out of his vehicle. Marzan informed [petitioner] that he was going to write him a ticket for not wearing a seat belt. He asked for [petitioner's] driver's license and registration. [Petitioner] replied that his license was suspended.
Officer Marzan then requested [petitioner's] name and birth date. [Petitioner] replied that his name was Francisco Lopez, Jr., and his birth date was August 15, 1946. The officer ran a check on this name and found a valid driver's license with no prior convictions. Marzan thought this suspicious because [petitioner] had told him that his license had been suspended for driving under the influence. Officer Marzan again asked him what his real name was, and [petitioner] stated, "Okay. My name is Alfred Maisonet," and gave his birth date as June 23, 1949. Running a check on this new information, the officer again found a valid license with no prior convictions.
In response to further questioning, [petitioner] insisted he was Maisonet. Marzan asked [petitioner] if he had a wallet, and [petitioner] said he did not. When [petitioner] reached for something under his shirt, the officer instructed him to keep his hands out in front of him. He patted [petitioner] down, and something fell to the ground from [petitioner's] pant leg. It was a wallet. There was no identification inside the wallet, but there was a small baggy with white powdery residue which the officer believed to be methamphetamine. At this point, [petitioner] fled on foot. Officer Marzan gave pursuit and took [petitioner] into custody.
In custody, the officer inventoried [petitioner's] property that was on [petitioner's] person. One item recovered was a small purse with a wadded up dollar bill concealing two rock-like substances, later determined to be methamphetamine. During his booking at the county jail, [petitioner] gave police the following information: name - Frank Lopez, Jr.; birth date - August 15, 1947; and social security number - 564-62-6015.
A certified Soundex and the Department of Motor Vehicles driving record established that there is a Francisco Lopez, with a birth date of August 15, 2946, living in La Jolla, California. Francisco Lopez, who was born on August 15, 1947, is [petitioner's] half brother. Alfred Maisonet is also [petitioner's] brother.*fn2
(People v. Lopez, slip op. at 2-4.)
I. Standards for a Writ of Habeas Corpus
Federal habeas corpus relief is not available for any claim decided on the merits in state court proceedings unless the state court's adjudication of the claim:
(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or
(2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence ...