Opinion
Case No. CIV 04-380-RAW-KEW.
December 12, 2008
OPINION AND ORDER
Petitioner appealed the denial of his petition for a writ of habeas corpus, and the Tenth Circuit Court of Appeals reversed and remanded with instructions to vacate the judgment of dismissal and to grant the writ allowing petitioner to withdraw his guilty plea. Hicks v. Franklin, ___ F.3d ___, No. 07-7084 (10th Cir. Nov. 17, 2008) [Docket #35]. Therefore, the court's judgment entered on September 24, 2007 [Docket #23] hereby is vacated, and the writ of habeas corpus is conditionally granted. The writ shall issue, unless petitioner is allowed to withdraw his guilty plea in Johnston County District Court Case Number CF-2002-52 within 120 days. The respondent is directed to advise the court of the status of petitioner's state court proceedings.