Brown

MEMORANDUM **

Robert Brown, a California state prisoner, appeals the dismissal of his habeas corpus petition under 28 U.S.C. § 2254 . The district court dismissed the petition as untimely and granted a certificate of appealability on the issue of whether Brown is entitled to equitable tolling. Brown argues that he was not informed by counsel that his direct appeal had failed and, therefore, he was unaware that the one-year limitation period for his federal habeas petition began and subsequently expired. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253, and we affirm.

Brown’s jury-trial conviction and almost fourteen-year sentence were affirmed by the California Court of Appeals on March 6, 2003. The Court of Appeal’s decision became final thirty days later on April 5, 2003. See Cal. Rules of Court 8.264(b)(1) (formerly Cal. Rules of Court 24(b)(1)). Brown did not file a petition for review with the California Supreme Court. Thus, Brown’s conviction became final on April 15, 2003, upon expiration of the ten- *460 day time period to file a petition with the California Supreme Court. See Cal. Rules of Court 8.500(e)(1) (formerly Cal. Rules of Court 28(e)(1)). More than…