Lamar White v. State of California

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 LAMAR WHITE, Case No. 2:21-cv-00139-JFW (AFM) 12 Petitioner, ORDER SUMMARILY DISMISSING PETITION FOR WRIT OF HABEAS v. CORPUS FOR LACK OF SUBJECT MATTER JURISDICTION

STATE OF CALIFORNIA,

15 Respondent. 16 17 In 2015, Petitioner was convicted in the Los Angeles County Superior Court of rape by foreign object and sexual battery. Based upon his prior felony convictions, Petitioner is currently serving a sentence of 25 years to life plus four years. (ECF No. 1 at 2.) On appeal, the California Court of Appeal found Petitioner’s trial counsel provided deficient performance with respect to the sexual battery charge. As a result, it affirmed Petitioner’s rape conviction, but reversed the sexual battery conviction and directed the trial court to vacate the consecutive two-year term imposed with respect to that count. The state appellate court affirmed Petitioner’s rape conviction. The California…