MEMORANDUM OPINION AND ORDER
PLUNKETT, District Judge.
Petitioner, Ernest A. Mota ("Mota") brought this petition for habeas corpus relief, seeking a remand to the state court for a new sentencing hearing. Presently before the court are the parties' cross-motions for summary judgment. For the reasons set forth below, Mota's motion is granted and, accordingly, Respondent's motion is denied.
The facts are not in dispute. In August 1982, Mota committed...
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