Sydney Andrew Petillo v. Saint Andre

I.

INTRODUCTION

Petitioner Sydney Petillo (“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

According to the Petition, Petitioner was convicted of second degree murder in Los Angeles Superior Court in 1994. Dkt. 1 at 2. Petitioner indicates that his appellate counsel filed a brief pursuant to People v. Wende, 25 Cal. 3d 436 (1979), indicating there were no non-frivilous issues to raise. Id. The Court of Appeal denied the appeal on an unknown date.

Petitioner indicates that he filed a habeas petition in the California Supreme Court on February 15, 2023, and that it was denied on the same date. Id. at 3–4. A case search on the California Courts Appellate Courts Case Information website confirms that: (1) on October 3, 2022, Petitioner filed a petition for writ of habeas…