James Lee Thomas III v. Gigi Matterson

I. BACKGROUND

In June 2021, Petitioner was convicted on one count of assault with a firearm, in violation of California Penal Code § 245(a)(2)). See Petition at 2, 24.1 He was sentenced to an aggregate term of 10 years’ imprisonment, consisting of (i) a term of 3 years, doubled to 6 years pursuant to Penal Code §§ 667(b)-(1) or 1170.12 (a)-(e) (prior crime enhancement); and (11) an additional term of 4 years pursuant to Penal Code § 12022.5(A)(D) (firearm enhancement). See id. at 24; see also Superior Court of California, supra. Petitioner did not appeal his conviction. See Petition at 2.

' Petitioner states that he pleaded guilty to the offense. See id. at 2. However, according to publicly available state court records, Petitioner entered a plea of nolo contendere. See Superior Court of California, County of Los Angeles, Criminal Case Summary (search by case number “MA079707-01”), https://www.lacourt.org/criminalcasesummary/ui/ Selection.aspx (last accessed January 4, 2024). (12/02) CIVIL MINUTES-GENERAL Initials of Deputy Clerk: nb Page 1 of 4

CENTRAL DISTRIC T OF CALIFORNIA

CIVIL MINUTES – GENERAL

Later, Petitioner filed a petition…