P.

BACKGROUND

On October 21, 1992, while confined at the California Youth Authority (CYA; now the Department of Corrections and Rehabilitation, Division of Juvenile Facilities), defendant assaulted a youth counselor, hitting her multiple times with a sock containing a can of beans while another ward held her down. Defendant was 17 years old when he committed the crime. He was arraigned as an adult on charges of assault with a deadly

1 weapon on a peace officer (Pen. Code,1 § 245, subd. (c)) and battery with serious bodily injury (§ 243, subd. (d)). On February 18, 1993, while represented by counsel, defendant pleaded guilty to the assault charge in exchange for dismissal of the remaining count, and was sentenced to three years in state prison. The arrest disposition forms and the abstract of judgment reflect defendant's birth date as September 30, 1972, as opposed to September 30, 1975. According to those documents, defendant was 20 years old when he committed the crime. On March 14, 1995, defendant filed his first of three petitions for writ of habeas corpus in the superior court, alleging he was released from state prison on July 29, 1994, and thereafter “arrested by [CYA]…