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Baca v. California

The Attorney General filed an unopposed motion for summary reversal and remand to the district court to conditionally grant the writ of habeas corpus for Johnny Baca. After oral argument, the Attorney General and Riverside County District Attorney discussed the case and concluded in the interest of justice that Baca's conviction should be set aside. Both parties agree that the district court's judgment should be reversed and remanded with directions to issue a conditional writ requiring Baca's release or retrial within a reasonable time.

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3K views2 pages

Baca v. California

The Attorney General filed an unopposed motion for summary reversal and remand to the district court to conditionally grant the writ of habeas corpus for Johnny Baca. After oral argument, the Attorney General and Riverside County District Attorney discussed the case and concluded in the interest of justice that Baca's conviction should be set aside. Both parties agree that the district court's judgment should be reversed and remanded with directions to issue a conditional writ requiring Baca's release or retrial within a reasonable time.

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jmgamso
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Case: 13-56132, 01/29/2015, ID: 9402084, DktEntry: 33, Page 1 of 2

13-56132
IN THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

JOHNNY BACA,
Petitioner-Appellant,
v.
DERRAL ADAMS, Warden,
Respondent-Appellee.
On Appeal from the United States District Court
for the District of California
No. ED CV 08-683 MMM (PJW)
The Honorable Margaret M. Morrow, Judge
APPELLEES UNOPPOSED MOTION FOR
SUMMARY REVERSAL AND REMAND TO
THE DISTRICT COURT TO
CONDITIONALLY GRANT THE WRIT
KAMALA D. HARRIS
Attorney General of California
JULIE L. GARLAND
Senior Assistant Attorney General
DAVID DELGADO-RUCCI
Deputy Attorney General
KEVIN VIENNA
Supervising Deputy Attorney General
State Bar No. 186751
110 West A Street, Suite 1100
San Diego, CA 92101
P.O. Box 85266
San Diego, CA 92186-5266
Telephone: (619) 645-2198
Fax: (619) 645-2191
Email: Kevin.Vienna@doj.ca.gov
Attorneys for Respondent-Appellee

Case: 13-56132, 01/29/2015, ID: 9402084, DktEntry: 33, Page 2 of 2

Pursuant to Fed. R. App. P. 27, Appellee-Respondent respectfully moves this


Court to summarily reverse the judgment of the district court, remand the matter,
and direct the issuance of a conditional writ of habeas corpus.
After oral argument, this matter was discussed with the Attorney General and
the new Riverside County District Attorney. In the interest of justice, the People
have concluded that the conviction should be set aside. Therefore, in behalf of the
State, the Attorney General asks this Court for summary reversal.
Counsel for Mr. Baca agrees with this resolution. Thus, more specifically, the
Parties ask the Court to reverse the judgment of the district court and remand, with
directions to issue a conditional grant of the writ, requiring that Appellant Baca be
released or, in the alternative, retried within a reasonable time.
Dated: January 29, 2015

Respectfully Submitted,
KAMALA D. HARRIS
Attorney General of California
JULIE L. GARLAND
Senior Assistant Attorney General
DAVID DELGADO-RUCCI
Deputy Attorney General
S/ KEVIN VIENNA
KEVIN VIENNA

Supervising Deputy Attorney General


Attorneys for Respondent-Appellee
SD2013807023; 71020443.doc

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