Huerta v. Adams

Full title: RAMIRO ALEX HUERTA, Petitioner, v. DERRAL G. ADAMS, Warden, Respondent.

Court: United States District Court, Ninth Circuit, California, C.D. California

Date published: Jan 7, 2014

SACV 11-1045-RGK(JPR) (C.D. Cal. Jan. 7, 2014)

Opinion

RAMIRO ALEX HUERTA, Petitioner, v. DERRAL G. ADAMS, Warden, Respondent. No. SACV 11-1045-RGK(JPR). United States District Court, C.D. California. January 7, 2014.

          JUDGMENT

          R. GARY KLAUSNER, District Judge.

         In accordance with the December 13, 2013 Mandate of the U.S. Court of Appeals for the Ninth Circuit in Case No. 12-55815,

         IT IS HEREBY ADJUDGED that the Petition for Writ of Habeas Corpus is granted in part as follows: Petitioner's conviction of street terrorism in violation of California Penal Code section 186.22(a) in Orange County Superior Court Case No. 07CF1459 is hereby VACATED and Petitioner is relieved of all consequences of that conviction, including the portion of his sentence stemming from it. The matter is remanded to the superior court for resentencing within 60 days of the date of this Judgment.