Cheung

MEMORANDUM AND ORDER

Now before the Court is petitioner Kuyznet Cheung’s petition for writ of habeas corpus. The petition arises out of Mr. Cheung’s 1996 conviction for attempted voluntary manslaughter of Harell Haskins and the assault with a deadly weapon of Oscar Hogroe. After careful review and consideration of the papers submitted, and having had the benefit of oral argument, the petition for writ of habeas corpus is GRANTED.

I. BACKGROUND

A. Procedural History.

On May 17, 1995, petitioner was charged by an information with two counts of attempted murder of Harell Haskins and Oscar Hogroe. (Penal Code §§ 667(e)(1), 187.) Petitioner was additionally charged with an enhancement allegation for intentional infliction of great bodily injury, the personal use of a firearm, and personal use of a handgun.

Petitioner was tried before a jury, commencing on July 10, 1995. On July, 27, 1995, the jury returned its verdicts of guilty on the lesser included offenses of attempted voluntary manslaughter and assault with a firearm. The jury also found true the enhancement allegations that petitioner had intentionally inflicted great bodily injury during the commission of the offense on…