DeAnthony George Wilson v. Frederick Foulk

Filing 36

AMENDED JUDGMENT by Judge Jesus G. Bernal, Related to: Petition for Writ of Habeas Corpus (2254), 1 , 35 . IT IS HEREBY ADJUDGED that: (1) the Petition is granted with respect to the insufficiency of the evidence claim in Ground One directed at t he street terrorism conviction under California Penal Code §186.22(a); (2) the Petition is denied with prejudice with respect to Ground Two and the remainder of Ground One; and (3) Petitioner is discharged from all adverse consequences of his s treet terrorism conviction in San Bernardino Superior Court case No. FVI024734, vacating the portion of his sentence based thereon, and requiring the San Bernardino County Superior Court to resentence Petitioner accordingly within sixty (60) days of the entry of judgment. (MD JS-6, Case Terminated). (san)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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DEANTHONY GEORGE WILSON,
Petitioner,

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v.

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FREDERICK FOULK, Warden,
Respondent.

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Case No. EDCV 13-1127-JGB (JEM)
JUDGMENT

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In accordance with the Order Accepting Findings and Recommendations of United
States Magistrate Judge filed concurrently herewith,

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IT IS HEREBY ADJUDGED that:

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(1) the Petition is granted with respect to the insufficiency of the evidence claim in

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Ground One directed at the street terrorism conviction under California Penal Code

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§186.22(a);

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(2) the Petition is denied with prejudice with respect to Ground Two and the
remainder of Ground One; and
(3) Petitioner is discharged from all adverse consequences of his street terrorism
conviction in San Bernardino Superior Court case No. FVI024734, vacating the portion of

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his sentence based thereon, and requiring the San Bernardino County Superior Court to

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resentence Petitioner accordingly within sixty (60) days of the entry of judgment.

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DATED: October 8, 2015
JESUS G. BERNAL
UNITED STATES DISTRICT JUDGE

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