Opinion
CASE NO. CV 93-2554 PSG
06-15-2015
BRYAN JOSEPH MINCEY, Petitioner, v. RON DAVIS, Warden of California State Prison at San Quentin, Respondent.
DEATH PENALTY CASE
JUDGMENT
IT IS HEREBY ORDERED that Petitioner Bryan Joseph Mincey's petition for writ of habeas corpus be CONDITIONALLY GRANTED and that the judgment of conviction on the special circumstance and the sentence of death in the matter of People v. Bryan Joseph Mincey, Case No. SCR 41466 of the California Superior Court of San Bernardino County, shall be VACATED.
IT IS FURTHER ORDERED that the State of California shall, within 120 days from the entry of this Judgment, either grant Petitioner a new trial on the special circumstance allegation, or vacate the special circumstance finding and death sentence and resentence Petitioner in accordance with California law and the United States Constitution.
IT IS FURTHER ORDERED that the Clerk of this Court shall immediately notify the Warden of San Quentin Prison of this Court's judgment. IT IS SO ORDERED. Dated: June 15, 2015.
/s/_________
PHILIP S. GUTIERREZ
United States District Judge