IN RE SAADE

No. G038712.

162 Cal.App.4th 1391 (2008)

In re JALAL KHALID SAADE on Habeas Corpus.

Court of Appeals of California, Fourth District, Division Three.

May 16, 2008.


Attorney(s) appearing for the Case

Tonja R. Torres, under appointment by the Court of Appeal, for Petitioner Jalal Khalid Saade.

Tony Rackauckas, District Attorney, and Matthew Lockhart, Deputy District Attorney, for Respondent State of California.


OPINION

IKOLA, J.

The trial court granted defendant Jalal Khalid Saade's petition for writ of habeas corpus, ruling that the decision of the United States Supreme Court in Cunningham v. California (2007) 549 U.S. 270 [166 L.Ed.2d 856, 127 S.Ct. 856] (Cunningham) applied retroactively to defendant's aggravated term sentence for first degree burglary, even though defendant's sentence was final when Cunningham was...

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