Boggess v. Evans

Filing 29

ORDER signed by Senior Judge Consuelo B. Marshall on 6/20/11 ORDERING the Petition for Writ of Habeas Corpus is DENIED as to Petitioner's claim that the imposition of consecutive sentences violates his constitutional rights and GRANTED as to Pet itioner's claim that the imposition of his upper-term sentence violates his constitutional rights. It is further ORDERED that Respondent shall treat Petitioner's total sentence an an eight-year sentence, unless within 30 days of this order, Petitioner is resentenced in compliance with Apprendi, Blakely, and Cunningham.Civil Case Terminated. CASE CLOSED.(Matson, R)

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