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IN RE GOMEZ

No. S155425.

45 Cal.4th 650 (2009)

In re SOTERO GOMEZ on Habeas Corpus.

Supreme Court of California

February 2, 2009.

Attorney(s) appearing for the Case

Vincent James Oliver and Joseph Walsh for Petitioner Sotero Gomez.

Elaine A. Alexander for Appellate Defenders, Inc., as Amicus Curiae on behalf of Petitioner Sotero Gomez.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Lawrence M. Daniels, Kristofer Jorstad and Carl N. Henry, Deputy Attorneys General, for Respondent State of California.

OPINION

GEORGE, C. J.—

This case presents the question whether Cunningham v. California (2007) 549 U.S. 270 [166 L.Ed.2d 856, 127 S.Ct. 856] (Cunningham) applies on collateral review of a judgment that became final before Cunningham was decided but after Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403, 124 S.Ct. 2531] (Blakely) was decided. We conclude that...

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