David C. Smith v. W. A. Duncan, Warden
Opinion
Opinion
Rawlinson, J.
Appellant-Petitioner David C. Smith (“Smith”) appeals the district court’s grant of Appellee-Respondent W.A. Duncan’s (the “Government’s”) motion to dismiss Smith’s federal petition for habeas corpus as untimely. When ruling on the motion, the district court was faced with an incomplete record. The facts, as they were presented to the district court, are recounted in the “Background” section of this opinion.
We have jurisdiction pursuant to 28 U.S.C. § 2253 and review dismissals of habeas petitions de novo. See Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999). Because Smith’s petition is timely, we reverse the district court’s dismissal.
BACKGROUND
On July 30, 1996, Smith pled no contest to four counts of lewd conduct with a minor. Smith’s sentence was enhanced to a prison term of twenty-one years, based in part on a prior robbery conviction in 1980. Smith raised no issues in his direct appeal to the California Court of Appeal, which affirmed his conviction and sentence on December 9, 1997. Smith conceded in district court and on appeal that he did not file a direct appeal to the California Supreme Court.