GARNETT v. WETZEL et al

Filing 22

ORDER THAT PETITIONER'S PETITION FOR WRIT OF HABEAS CORPUS IS GRANTED; PETITIONER'S SENTENCE IN COMMONWEALTH v. GARNETT CRIMINAL NOS. 5986-76, 5988-76 AND 8091-76 (DELAWARE COUNTY) IS VACATED; THE PETITIONER SHALL BE RESENTENCED WITHIN ONE HUNDRED TWENTY (120) DAYS OF THE DATE OF THIS ORDER; THE TIME LIMIT WITHIN WHICH THE PETITIONER MUST BE RESENTENCED MAY BE EXTENDED UPON A SHOWING OF RESONABLE CAUSE. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 8/17/16. 8/17/16 ENTERED AND COPIES E-MAILED. (jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TRINA GARNETT

:
:
v.
:
:
JOHN E. WETZEL, Secretary, Pennsylvania :
Dept. of Corrections and NANCY GIROUX, :
Superintendent of State Correctional
:
Institute at Muncy
:

CIVIL ACTION

NO. 13-3439

ORDER
NOW, this 17th day of August, 2016, upon consideration of the Petition for a Writ
of Habeas Corpus (Document No. 1), the respondents’ response, the petitioner’s reply, and
after a conference with counsel for the parties, it is ORDERED that the petition is
GRANTED.
IT IS FURTHER ORDERED as follows:
1.

The petitioner’s sentence in Commonwealth v. Garnett, Criminal Nos. 5986-

76, 5988-76 and 8091-76 (Delaware County), is VACATED;
2.

The petitioner shall be resentenced within 120 days of the date of this Order;

3.

The time limit within which the petitioner must be resentenced may be

extended upon a showing of reasonable cause.

/s/Timothy J. Savage
TIMOTHY J. SAVAGE, J.