In re Gallegos CA4/2 ( 2015 )

Filed 4/15/15 In re Gallegos CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication
or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
In re ASHLEY GALLEGOS, E063002
on Habeas Corpus. (Super.Ct.Nos. RIC1501725 &
CR58553)
OPINION
ORIGINAL PROCEEDINGS; petition for writ of habeas corpus. Elaine M.
Kiefer, Judge. Petition granted in accordance with the Attorney General’s concession
and agreement.
Steven L. Harmon, Public Defender, Joshua Knight, Deputy Public Defender, for
Petitioner.
Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General,
Eric A. Swenson and Jennifer B. Truong, Deputy Attorneys General, for Respondent.
This court has reviewed the petition and supporting documents, and has requested
and received an informal response from the Attorney General. In accordance with the
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request of the petition and the acquiescence by the People, the petition for writ of habeas
corpus is granted.
DISPOSITION
The matter is remanded to the Superior Court of Riverside County for
resentencing pursuant to People v. Gutierrez (2014) 58 Cal.4th 1354 and Miller v.
Alabama (2012) 567 U.S. ___ [132 S.Ct. 2455]. The superior court shall set a schedule
for briefing and argument.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P. J.
We concur:
HOLLENHORST
J.
MILLER
J.
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