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.
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Appellate Information
Filed February 1, 2010
Judges
Opinion by Judge McIntyre
CounselFor Appellant: Todd William Burns
For Appellee: 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
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