California Court of Appeal

Petition for habeas relief by a defendant convicted of murder and related crimes is granted and his sentence is reversed in part and remanded where: 1) defendant's claim of sentencing error is timely as defendant has shown good cause for any delay in seeking habeas corpus relief based on Cunningham and Apprendi; and 2) defendant's upper term sentences for kidnapping and two firearm use enhancements violated the rule set forth in Apprendi.

Appellate Information

• Decided 02/02/2010
• Published 02/02/2010

Judges

• McINTYRE, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Todd William Burns, under appointment by the Court of Appeal, for Petitioner.


• For Appellees:
  
• Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Anthony Da Silva, Deputy Attorney General, for Respondent.