In Re White

Good Law
163 Cal. App. 4th 1576·2008 Cal. App. LEXIS 928·79 Cal. Rptr. 3d 195
Court of Appeal of CaliforniaJune 18, 2008F054327California2,222 words

Opinion

Opinion

Gomes, J.

— On the premise that his trial attorney’s failure to raise statute of limitations issues constituted ineffective assistance of counsel leading to his prosecution for and conviction of time-barred crimes, Adrian Joe White petitions for a writ of habeas corpus and prays for reversal of the judgment and dismissal with prejudice. We will deny the petition.

PROCEDURAL BACKGROUND

On December 21, 2005, the district attorney filed an information charging White with commission of one count each of forcible rape (Pen. Code, former § 261, subd. (a)(2)) and forcible oral copulation (former § 288a, subd. (c)) and with commission of two counts of sexual penetration by force (§ 289, subd. (a)), all on January 4, 1996. After a jury found him guilty as charged and he admitted a serious felony prior (§ 667, subd. (a)(1)) within the scope of the three strikes law (§§ 667, subds. (b)-(j), 1170.12, subds. (a)-(e)) and four prison term priors (§ 667.5, subd. (b)), the court imposed a 69-year prison sentence. On his appeal, which challenged sentencing only, we affirmed the judgment. (People v. White (Dec. 5, 2007, F050184) [nonpub. opn.].)

On June 26, 2007, while his appeal was still…

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