In Re White
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.].)