Melonzi v. Hubbard

Filing 59

JUDGMENT. Signed by Judge Whyte on 11/28/2012. (rmwlc2, COURT STAFF) (Filed on 11/28/2012)

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E-FILED on

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11/28/2012

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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FRANK MELONZI,,

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Petitioner,

No. C-09-00610 RMW
JUDGMENT

v.

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SUE HUBBARD, Warden,

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Respondent.

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On November 15, 2012 the court granted Frank Melonzi's petition for writ of habeas

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corpus vacating his conviction for continuous sexual abuse of a child in violation of California

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Penal Code § 288.5 and the sentence imposed, subject to the State's right to commence a retrial

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within sixty (60) days on the § 288.5 charge.

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Judgment is hereby entered in accordance therewith.

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DATED:

November 28, 2012
RONALD M. WHYTE
United States District Judge

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JUDGMENT