Phillips
Jinwoo Park v. Phillips
Opinion
Trial Court Opinion
I.
INTRODUCTION
Petitioner Jinwoo Park (“Petitioner”), proceeding pro se, constructively filed1 a Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”) pursuant to 28 U.S.C. § 2254 (“section 2254”). ECF Docket No. (“Dkt.”) 1. The Petition appears untimely. However, the Court will not make a final determination regarding whether the Petition should be dismissed without giving Petitioner an opportunity to explain why the Petition is not untimely.
II.
PROCEDURAL HISTORY
On February 26, 2013, Petitioner was convicted on counts of Cal. Pen. Code §§ 206, 236, and 273.5(a). Dkt. 1 at 2. On July 1, 2013, Petitioner was sentenced to seven (7) years to life. Id. Petitioner appealed, and the California Court of Appeal affirmed the conviction on July 15, 2014. Id. The California Supreme Court denied the Petition for Review on October 15, 2014. Id. at 3.
Petitioner indicates he filed a habeas petition in Los Angeles County Superior Court on May 14, 2019, which the court denied on September 7, 2022. Id. at 3–4. Petitioner filed a petition in the California Courts of Appeal on October 2, 2022, which the court denied on December 29, 2022. Id. Petitioner…