Patrick F. CHIOINO, Petitioner-Appellee,
v.
Scott M. KERNAN, Warden, Respondent-Appellant.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Submitted July 16, 2009.
Filed September 21, 2009.
Attorney(s) appearing for the Case
Edmund G. Brown, Jr., Attorney General for the State of California, Dane R. Gillette, Chief Assistant Attorney General, Gerard A. Engler, Senior Assistant Attorney General, Peggy S. Ruffra, Supervising Deputy Attorney General, and Jeffrey M. Laurence, Deputy Attorney General, San Francisco, CA, for the respondent-appellant.
Mary McNamara and August Gugelmann, Swanson, McNamara & Haller LLP, San Francisco, CA, for the petitioner-appellee.
Before: BARRY G. SILVERMAN, RICHARD R. CLIFTON and MILAN D. SMITH, JR., Circuit Judges.
United States Court of Appeals, Ninth Circuit.
MILAN D. SMITH, JR., Circuit Judge:
Patrick F. Chioino (Petitioner) is a California state prisoner who pleaded guilty to robbery and personal use of a firearm with a prior strike conviction, and was sentenced by a California trial court judge to an upper-term sentence with enhancements, totaling twenty-two years. The district court granted Petitioner's post-conviction petition for a writ of habeas corpus, finding that Petitioner...
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