United States Ninth Circuit

In this case, petitioner was convicted and originally sentenced for felony murder based on a jury finding that he was the shooter, but was resentenced as an aider and abettor after the State of California concluded that he was not the shooter. Judgment denying the habeas corpus petition is reversed and remanded with instructions to grant the writ, where petitioner had the right to have a jury decide what conduct he committed, and resentencing on the basis of facts that the jury did not find thus violated his Sixth Amendment rights.

Appellate Information

• Decided 11/19/2014
• Published 11/19/2014

Judges

• Schroeder

Court

• United States Ninth Circuit

Counsel