United States Ninth Circuit
Cuero v. Cate, 12-55911
In a habeas corpus action, the district court's denial of the petition for relief is reversed where the state trial court's refusal to order specific performance on an original, judicially approved plea agreement, after the prosecution amended the complaint to charge petitioner's prior assault conviction as a second strike, was inconsistent with California contract law and an unreasonable application of federal law as established in Ricketts v. Adamson, 483 U.S. 1 (1987). The panel remanded with instructions to resentence petitioner in accordance with the original plea agreement.
Appellate Information
- Decided
- Published 2016/06/30
Judges
- WARDLAW
Court
- United States Ninth Circuit