Free Judgment - District Court of Arizona - Arizona

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On July 2, 2004, this Court accepted the magistrate judge's report and recommendation and dismissed Stokes's pro se habeas petition on the merits. (Dist. Ct. Doc. 16.) The Court entered a final judgment on the same day dismissing Stokes's habeas corpus proceeding in its entirety. (Dist. Ct. Doc. 17.) On October 5, 2006, the United States Court of Appeals for the Ninth Circuit reversed this Court's decision and remanded the case with an order to grant Stokes's petition for writ of habeas corpus as to his claim that the sentencing judge violated Stokes's rights pursuant to Apprendi v. New Jersey, 530 U.S. 466 (2000), by enhancing Stokes's sentence based on a judicial finding of aggravating circumstances. Stokes v. Schriro, 465 F.3d 397, 404 (9th Cir. 2006). Based on the foregoing, IT IS HEREBY ORDERED that Stokes's petition for writ of habeas corpus is GRANTED as to that claim and DENIED as to all other claims. The State of Arizona shall vacate and set aside Stokes's sentence and, at a minimum, the state court shall conduct a status conference to schedule Stokes's resentencing within ninety days of the entry of vs. Judgment in a Civil Case Dora Schriro, et al., Respondents-Appellees. David Leon Stokes, II, No. CV-03-01537-PHX-NVW Petitioner-Appellant, Ninth Circuit No. 04-16454 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

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judgment. IT IS FURTHER ORDERED that the Clerk of Court forward a copy of this Order to all counsel of record and to the clerk of the Arizona Supreme Court, 1501 West Washington, Phoenix, AZ 85007-3329. DATED this 21st day of November 2006.

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