Trigueros

Petitioner-Appellant Enrique Trigueros appeals the district court’s dismissal of his habeas petition as untimely, and not subject to statutory tolling. Trigueros’s petition challenges his jury conviction in California state court for murder and attempted murder, for which he was sentenced to multiple consecutive terms of twenty-five years to life, and life. He filed his habeas petition in the California Superior Court in October 2005, approximately two-and-a-half years after his claims of ineffective assistance of counsel at trial were known to him and approximately eleven months after his conviction became final. The Superior Court determined that his petition was untimely, and the Court of Appeal summarily denied his petition on review. On review, the California Supreme Court requested informal briefing and subsequently denied Trigueros’s petition. The federal district court, concluding that the last reasoned decision was that of the Superior Court, ruled that Trigueros’s federal petition, filed in July 2007, was not statutorily tolled, and therefore was untimely under the Antiterrorism and Effective Death Penalty Act of 1996’s (AEDPA) one-year statute of limitations.…