Chatman v. Evans

Filing 120

ORDER signed by District Judge Kimberly J. Mueller on 1/8/2020 DENYING, as moot, petitioner's 118 Request for Judicial Notice. (Zignago, K.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

LARRY A. CHATMAN,

12
13
14

No. 2:10-cv-00264 KJM CKD P

Petitioner,
v.

ORDER

RICK HILL,

15

Respondent.

16
17

Petitioner, a California state inmate proceeding through appointed counsel, filed an

18

application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On March 15, 2019, the

19

petition was granted with respect to petitioner’s claim of ineffective assistance of counsel and

20

denied as to petitioner’s remaining claims. ECF No. 114. Judgment was entered on the same

21

day. ECF No. 115.

22

On November 18, 2019, the court received a letter from petitioner in propria

23

persona, in which petitioner alleges his sentence has not been recalculated after his habeas

24

petition was granted. ECF No. 116. In response, the court afforded counsel for respondent and

25

counsel for petitioner the opportunity to file a response to petitioner’s letter. ECF No. 117.

26

Respondent and counsel for petitioner filed a joint response on December 18, 2019, explaining

27

that petitioner’s conviction for attempted premeditated murder was vacated pursuant to the

28

court’s order. ECF No. 119 at 2. Accordingly, on August 29, 2019, petitioner’s sentence was
1

1

recalculated, and petitioner was “resentenced to 21 years in the Solano County Superior Court.”

2

Id. This explanation is supported by two exhibits to the joint response: a Criminal Minute Order

3

from the Superior Court of California, Solano County, id. at 10 (noting defendant resentenced

4

based on habeas grant), and petitioner’s Legal Status Summary, id. at 14 (showing petitioner’s

5

sentence imposed September 30, 2005 was amended August 29, 2019). According to the joint

6

response and its exhibits, petitioner’s total sentence is now 21 years, based on convictions other

7

than the vacated attempted murder conviction. See id.

8
9
10
11
12

The concerns raised in petitioner’s letter appear to have been resolved.
Petitioner’s request for judicial notice, ECF No. 118, is DENIED as moot. This order resolves
ECF Nos. 116 and 118.
IT IS SO ORDERED.
DATE: January 8, 2020.

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2