Noble
Noble v. Adams
Opinion
Opinion
Wallace, J.
Noble, a prisoner of the State of California, appeals from the denial of his petition for a writ of habeas corpus. We review de novo the denial of a petition for a writ of habeas corpus on statute-of-limitations grounds. Delhomme v. Ramirez, 340 F.3d 817, 819 (9th Cir.2003). We have jurisdiction under 28 U.S.C. § 2253 , and we vacate and remand for further proceedings.
I.
Following a jury trial in California Superior Court, Noble was found guilty of one count of aggravated sexual assault of a child under 14, forcible oral copulation, three counts of lewd act on a child under 14, and one count of false imprisonment. The superior court imposed an aggregate prison sentence of 130 years to life. The California Court of Appeal upheld Noble’s conviction and sentence and the California Supreme Court denied his petition for review on direct appeal. The conviction and sentence became final for purposes of the Anti-Terrorism and Effective Death Penalty Act (AEDPA) on July 20, 2004, when the time to petition for certiorari to the United States Supreme Court expired. See 28 U.S.C. § 2244 (d)(1)(A).