United States District Court, E.D. California
FINDINGS AND RECOMMENDATIONS
GREGORY G. HOLLOWS, UNITED STATES MAGISTRATE JUDGE
is a state prisoner proceeding pro se with a petition for a
writ of habeas corpus pursuant to 28 U.S.C. section 2241
(actually 2254) which authorizes the filing of a petition
by a person in custody under the judgment and sentence of
either a federal or a state court. Petitioner was tried,
convicted and sentenced by the Yolo County Superior Court,
which is located in the Eastern District of California and is
therefore properly before this court. 28 U.S.C. §
2241§ (d). He challenges his sentence of 40 years to
life after conviction in the Yolo County Superior Court for
murder, theft of a car, theft of a gun and infliction of
great bodily injury on the ground that the sentence imposed
was “unauthorized” insofar as the jury verdict
with respect to the sentencing enhancement would have only
permitted a sentence of 25 years to life. ECF No. 1. As more
fully discussed below, petitioner relies on a typographical
error in the jury verdict form as the basis for this claim.
pending is the respondent's Motion to Dismiss on the
ground that the petition is barred by the statute of
limitations found in the Antiterrorism and Effective Death
Penalty Act of 1995 [“AEDPA”]. Because this
Motion specifically, and the case as a whole, rises and falls
on the limitations question, the court will not provide any
factual summary of the substance of petitioner's trial or
his prior collateral attacks on the judgment.
STATUTE OF LIMITATIONS
procedural history is important in understanding the outcome
of the limitations motion. That history is as follows:
January 23, 2008 Judgment entered. Log. Doc. No. 1.
February 3, 2009 District Court of Appeal affirmance. Lod.
Doc. No. 2.
April 17, 2009 California Supreme Court denies Petition for
Review. Lod. Doc. No. 4.
November 5, 2014 Habeas Petition filed in Yolo Superior Court
Lod. Doc. No. 5 [issue of improper sentencing first raised
January 14, 2015 Yolo Superior Court denies petition. Lod.
Doc. No. 6
February 5, 2015 Habeas Petition filed in Third District
Court of Appeal. Lod. Doc. No. 7.
February 12, 2015 Third District Court of Appeal denies
petition. Lod. Doc. No. 8.
January 6, 2016 Habeas petition filed in Yolo Superior Court.
Lod. Doc. No. 9
June 2, 2016 Yolo Superior Court denies petition. Lod. Doc.
June 17, 2016 Habeas petition filed in Third District Court
of Appeal ...