Tuggle

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HAURILIO SILVA VALENCIA, No. 2:24-cv-2994 CSK P Petitioner, v. ORDER JOSEPH TUGGLE,1 Respondent.

17 Petitioner is a state prisoner proceeding pro se. The pending motion to dismiss claims that 18 on February 15, 2022, the California Court of Appeal for the Third Appellate District “vacated 19 the true findings on the enhancements and affirmed the judgment in all other respects.” (ECF No. 20 10, citing ECF No. 9-2.) However, the California Court of Appeal 21 vacated two of the five-year enhancement terms imposed under section 667, subdivision (a), directed the trial court to prepare an amended abstract of judgment, and affirmed the judgment as modified. (ECF No. 9-2 at 7-8.) In its original judgment, the trial court had imposed four separate five-year enhancement terms. (ECF No. 9-1.) The respondent lodged a copy of the December 12, 2019 abstract of judgment (id.), but did not provide a copy of an amended abstract…