Kennard Gerald Johnson v. Domingo Uribe Jr

Filing 57

JUDGMENT by Judge George H. Wu, Pursuant to that Mandate, IT IS ADJUDGED THAT Judgment shall be entered granting petitioners habeas corpus petition, and requiring respondent to release petitioner within 45 days of the entry of this Judgment unless t he San Bernardino County Superior Court, within that time period, vacates Mr. Johnsonsconviction, guilty plea, and plea agreement in Case No. FWV035414, and the matter be calendared for trial within the applicable statutory time, or a new plea agreement be reached between Mr. Johnson and the state. (pj)

1 CALDWELL LESLIE & PROCTOR, PC
MICHAEL J. PROCTOR, State Bar No. 148235
[e-mail]
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MICHAEL V SCHAFLER, State Bar No. 212164
[e-mail]
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725 South Figueroa Street, 31st Floor
4 Los Angeles, California 90017-5524
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Petitioner
KENNARD GERALD JOHNSON
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

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11 KENNARD GERALD JOHNSON,
Petitioner,

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Case No. EDCV 10-164-GW (JEMx)
JUDGMENT

v.

14 DOMINGO URIBE, JR., WARDEN,
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Respondent.

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CALDWELL
LESLIE &
PROCTOR

Case No. EDCV 10-164-GW (JEMx)
[PROPOSED] JUDGMENT

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The United States Court of Appeals for the Ninth Circuit’s Judgment in this

2 matter, entered June 22, 2012 and amended November 5,2012, took effect, pursuant
3 to the issuance of the Mandate, on November 20, 2013.
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Pursuant to that Mandate, IT IS ADJUDGED THAT Judgment shall be

5 entered granting petitioner’s habeas corpus petition, and requiring respondent to
6 release petitioner within 45 days of the entry of this Judgment unless the San
7 Bernardino County Superior Court, within that time period, vacates Mr. Johnson’s
8 conviction, guilty plea, and plea agreement in Case No. FWV035414, and the matter
9 be calendared for trial within the applicable statutory time, or a new plea agreement
10 be reached between Mr. Johnson and the state.
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12 DATED: January 9, 2014
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HONORABLE GEORGE H. WU
UNITED STATES DISTRICT JUDGE

16 Presented by:
/s/
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Michael V Schafler
18 Attorney for Petitioner
19 Kennard Gerald Johnson
20 /s/ email authorization
21 Ronald A. Jakob
Attorney for Respondent
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CALDWELL
LESLIE &
PROCTOR

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Case No. EDCV 10-164-GW (JEMx)
[PROPOSED] JUDGMENT