Opinion
Case No. CV 10-1032 CJC(JC)
09-29-2017
BRIAN C. DUBRIN, Petitioner, v. DAVE DAVEY, Respondent.
JUDGMENT
Pursuant to this Court's Order Accepting Findings, Conclusions and Recommendations of United States Magistrate Judge,
IT IS ADJUDGED that (1) the Petition for Writ of Habeas Corpus by a Person in State Custody filed in the instant action ("2010 Petition") is granted to the extent it requests specific performance of the plea agreement term in Los Angeles County Superior Court Case No. KA-046040 ("2000 State Case") - that such 2000 conviction would not qualify, or be used as a strike by virtue of Proposition 21 - and this matter is remanded to the San Bernardino County Superior Court ("SBSC") to resentence petitioner accordingly in SBSC Case No. FCH07697 within ninety (90) days of the entry of this Judgment or final decision on any appeal therefrom, plus any additional delay authorized under State law; and (2) the Petition for Writ of Habeas Corpus by a Person in State Custody filed in Case No. EDCV 12-1578, which has been consolidated with the instant action, is denied and dismissed with prejudice.
IT IS SO ADJUDGED.
DATED: September 29, 2017
/s/_________
HONORABLE CORMAC J. CARNEY
UNITED STATES DISTRICT JUDGE