United States Ninth Circuit

Denial of habeas relief on petitioner's sentence for second-degree murder is reversed where: 1) his constitutional due process right to be informed of the charges against him was violated when he was charged with a sentencing enhancement under one statute, section 12022.53(b) of the California Penal Code, but had his sentence enhanced under a second, different statute; and 2) California appellate court's decision to the contrary constituted an unreasonable application of clearly established Federal law, as determined by the Supreme Court.

Appellate Information

• Argued 01/26/2007
• Decided 06/06/2007
• Published 06/06/2007

Judges

• BERZON, Circuit Judge., Before:  M. MARGARET McKEOWN and MARSHA S. BERZON, Circuit Judges, and SAMUEL P. KING, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Wayne Young, Santa Monica, CA, for the petitioner-appellant.


• For Appellees:
  
• Ryan B. McCarroll and Steven E. Mercer, Deputy Attorney Generals, Los Angeles, CA, for the respondent-appellee.