United States Ninth Circuit

In the state's appeal from the District Court's order conditionally granting Petitioner's habeas petition, the order is reversed where the sentencing judge-s finding that Petitioner had committed crimes while on probation fell within Apprendi's "prior conviction" exception.

Appellate Information

• Argued 05/04/2009
• Decided 06/23/2009
• Published 06/23/2009

Judges

• Before:  JOHN T. NOONAN, DIARMUID F. O'SCANNLAIN, and SUSAN P. GRABER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Rama R. Maline, Deputy Attorney General of the State of California, Los Angeles, CA, for the respondent-appellant., Johanna S. Schiavoni, Latham & Watkins LLP, San Diego, CA, for the petitioner-appellee.