Christopher A Gutierrez v. James Yates

Filing 53

JUDGMENT by Judge George H Wu, Related to: R&R Adopting Report and Recommendations 52 . It is hereby adjudged that the petition for a writ of habeas corpus is granted in part, petitioner's convictions and sentences on Counts 2 and 3 are vacated , and respondent id directed to release petitioner from custody resulting from those convictions and sentences unless the State of California commences a new trial on Counts 2 and 3 within sixty (60) days from the date of entry of judgment. (MD JS-6, Case Terminated). (mz)

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UNITED STATES DISTRICT COURT lo 11 11 v. CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION ) CHRISTOPHER ANTHONY GUTIERREZ, Case No. CV 04-6601-GW(AJW) Petitioner, 1 1 1 ) JoDGMENT JAMES YATES , Warden, Respondent. 1 1 1 1 X t is hexeby adjudged that the petition for a writ of habeas corpu granted in part, petitioner's convictions and sentences on Counts 20 nd 3 are vacated, and respondent is directed to release petitioner f rc 21 lkustody resulting from those convictions and sentences unless the Stat 22 lLf California commences a new trial on Counts 2 and 3 within sixty (6( 23 Lays from the date of entry of judgment. united States District Judge

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