The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge
AMENDED FINDINGS AND RECOMMENDATIONS*fn1
Petitioner is a California prisoner proceeding pro se with a petition for writ of habeas corpus under 28 U.S.C. § 2254. He challenges Sacramento County convictions entered in 1998 for pimping, procuring for the purposes of prostitution and lewd and lascivious conduct. Petitioner is serving a sentence of 50 years-to-life which was entered in accordance with California's "Three Strikes Law."
On direct appeal, the California Court of Appeal described the facts presented at trial as follows:
Defendants [petitioner and April Lynne Grayson] were driving from Southern California to Sacramento with a woman named Lucille when they met 14-year-old Corrine, a runaway, outside a restaurant. They asked Corrine if she would like to accompany them, and Corrine agreed.
Defendants spoke to Corrine about working as a prostitute, and they instructed her how to dress, how to behave, and how much to charge. Defendants advised Corrine that she should tell people she was 19, and they said they would get identification for her.
When the group arrived in Sacramento, they went to a grocery store, where they met 19-year-old Shadell. Shadell's boyfriend had deserted her at the store, and Shadell was crying and upset. Defendants offered to help by giving her a ride home. Rather than taking her home, defendants brought her with them to a motel, where they rented a room. Shadell asked about her ride home, but her question went unanswered.
Defendant Lewis instructed defendant Grayson to get Corrine "ready because somebody likes her." While Corrine took a shower and Lewis was away from the motel, Grayson told Shadell that since she had gotten into the car with them, Shadell had chosen their lifestyle, and would work as a prostitute for them.
Grayson then pulled a gun from the crotch of her pants, pointed it at Shadell and warned that if "a hoe tries to run away from her pimp, then they kill her or put her in the hospital, either one, but they do something pretty bad to her." Grayson showed Shadell the bullets in the chamber and described them as "the kind that ricochet through your body . . . ."
Grayson said Lewis provided her everything she needed, and said Lewis would do the same for Shadell.
Lewis returned to the motel and took Corrine to a house where she engaged in acts of prostitution. Corrine gave Lewis the $280 she earned that evening.
While Lewis and Corrine were gone, Shadell walked with defendant Grayson to a convenience store to buy some items and then walked back to the motel.
When Lewis returned hours later, he asked Shadell if Grayson had talked to her, and what her reaction was. Shadell replied that she thought their idea was "stupid" and she reiterated that she wanted to leave. Lewis told her she could go, but said she could not use the phone and would not get a ride.
Shadell then discovered that $160 was missing from her purse, and she became very angry. Defendants warned her to be quiet or Lewis would beat her. Lewis said he would get her money back if she stayed with them.
Grayson took Shadell to Stockton Boulevard to solicit for prostitution. Grayson carried her gun with her and showed it to Shadell. She instructed Shadell what to do and say, ...