Brewer v. Kramer

Filing 18

ORDER to confirm sentence correction signed by District Judge Claudia Wilken on 1/28/2009. (Filing due by 2/12/2009).(Lundstrom, T)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. M.C. KRAMER, Respondent. / VINCE BREWER, Petitioner, No. 08-00030 CW ORDER TO CONFIRM SENTENCE CORRECTION IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

On January 7, 2008, Petitioner Vince Brewer, a state prisoner incarcerated at Folsom State Prison, filed a petition for a writ of habeas corpus. On June 16, 2008, Respondent filed an answer and on In its answer,

July 8, 2008, Petitioner filed a traverse.

Respondent indicates that, on direct appeal, the appellate court ordered the trial court to strike a one-year sentence enhancement imposed under California Penal Code § 667.5(b) but that the trial court had not corrected the sentence as it was instructed. Respondent indicated that it had prepared a letter advising the trial court of this oversight. The docket does not indicate that Petitioner's sentence has been corrected. Respondent is ordered to advise the Court, within

two weeks from the date of this order, whether the trial court has

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

corrected Petitioner's sentence. IT IS SO ORDERED.

Dated: 1/28/09

CLAUDIA WILKEN United States District Judge

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