David G. Mountford v. The People of California

I.

INTRODUCTION

Petitioner David Mountford (“Petitioner”) has filed a pro se Petition for Writ of Habeas Corpus (“Petition”) pursuant to 28 U.S.C. § 2254. It appears, however, the Petition is subject to dismissal as untimely. The Court will provide Petitioner an opportunity to address this issue before making a final determination regarding whether the Petition should be dismissed.

II.

BACKGROUND

A. STATE COURT PROCEEDINGS

On December 12, 2012, Petitioner pleaded nolo contendere to the charge of grand theft of property with a value exceeding $950 in violation of section 487(a) of the California Penal Code. Dkt. 1, Pet.; see also People v. Mountford, No. B287050, 2018 WL 4204253, at *1-2 (Cal. Ct. App. Sept. 4, 2018), review denied (Nov. 14, 2018). The trial court sentenced Petitioner to seven years in prison, suspended the sentence, and placed him on three years of formal probation.

At a probation violation hearing in August of 2015, Petitioner admitted to violating the terms of his probation. Id. The court terminated probation and imposed the seven-year prison sentence. Id. On October 1, 2017, Petitioner filed a Petition for Resentencing pursuant to Proposition…