Brian Charles Dubrin v. People of the State of California
||Brian Charles Dubrin
||People of the State of California
||February 11, 2010
||US District Court for the Central District of California
||Cormac J. Carney
|Nature of Suit:
||Habeas Corpus (General)
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|September 29, 2017
JUDGMENT by Judge Cormac J. Carney. IT IS ADJUDGED that (1) the Petition for Writ of Habeas Corpus by a Person in State Custody filed in the instant action ("2010 Petition") is granted to the extent it requests specific performance of the plea agreement term in Los Angeles County Superior Court Case No. KA-046040 ("2000 State Case") that such 2000 conviction would not qualify, or be used as a strike by virtue of Proposition 21 and this matter is remanded to the San Ber nardino County Superior Court ("SBSC") to resentence petitioner accordingly in SBSC Case No. FCH07697 within ninety (90) days of the entry of this Judgment or final decision on any appeal therefrom, plus any additional delay authorized und er State law; and (2) the Petition for Writ of Habeas Corpus by a Person in State Custody filed in Case No. EDCV 12-1578, which has been consolidated with the instant action, is denied and dismissed with prejudice. IT IS SO ADJUDGED. (MD JS-6, Case Terminated). (dml)
|January 17, 2017
MODIFIED ORDER GRANTING STIPULATED PROTECTIVE ORDER by Magistrate Judge Jacqueline Chooljian re Stipulation for Protective Order 89 . See Order for details. (hr)
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