Evans
Evans v. Hickman
Opinion
Opinion
Pregerson, J.
ORDER REJECTING IN PART REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Petitioner Michael Evans, a state prisoner, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 . The United States Magistrate Judge filed a. report and recommendation finding that the petition is time-barred. Having conducted a de novo review of the matter pursuant to 28 U.S.C. § 636 (b)(1)(C), the Court rejects the report in part and refers the matter back to the Magistrate Judge for further proceedings.
I. Background
The petitioner was convicted of second-degree burglary and petty theft in Los Angeles County Superior Court in 1996. (Answer, Case No. CV 99-0073 DDP (EE), Ex. A.) The charges stemmed from a shoplifting incident involving four bottles of shampoo. (Id. Ex. C.) The trial court found that the petitioner had also suffered two prior felony robbery convictions. (Id. Ex. A.) Pursuant to California’s Three Strikes Law, the petitioner was sentenced to a term of 25 years to life. (Id.) In December 1997, the California Court of Appeal affirmed the conviction and sentence. (Id. Ex. C.) On February 18, 1998, the California Supreme Court denied review. (Id. Ex.…