Hurtado

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Ramon HURTADO, Case No.: 21-cv-1386-CAB-AGS Petitioner, REPORT AND RECOMMENDATION

TO GRANT RESPONDENT’S

v.

MOTION TO DISMISS (ECF 18)

Raymond MADDEN, Warden Respondent. 8 Over three years after his state judgment became final, a prisoner filed a federal habeas corpus petition. The warden moves to dismiss the petition as untimely. BACKGROUND On October 27, 2015, a jury convicted petitioner Ramon Hurtado of several gang- related crimes including two drive-by shootings, two aggravated assaults, and two attempted murders. See People v. Hurtado, No. D0D069791, 2017 WL 3205852, at *1 (Cal. Ct. App. July 28, 2017); (ECF 18-1, at 1). On appeal, Hurtado argued that his sentence improperly included a firearms enhancement and that expert testimony at his trial was inadmissible. (See ECF 19-6, at 3-4.) The California appellate court agreed with Hurtado’s sentencing objection—and modified his sentence—but rejected…