CHIOINO
CHIOINO v. Kernan
Opinion
Opinion
Patel, J.
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS
INTRODUCTION
Patrick Fitzgerald Chioino, a prisoner at the state prison in Folsom, California, filed this pro se action seeking a writ of habeas corpus under 28 U.S.C. § 2254 . This matter is now before the court for consideration of the merits of the pro se habeas petition. For the reasons discussed below, the petition will be granted.
BACKGROUND
In this habeas action, Chioino challenges the sentence imposed after he was convicted on a guilty plea in Monterey County Superior Court in 2004. Chioino pled guilty to robbery and admitted the sentence enhancement allegations that he had suffered one prior strike conviction and that he had personally used a firearm in the commission of the robbery. See CalJPenal Code §§ 211, 1170.12(c)(1), 12022.53(b). He was sentenced to a total of 22 years in state prison. The 22-year term consisted of the upper term of 6 years on the robbery, doubled because of the prior strike conviction to make 12 years (6 x 2 = 12 years), plus a consecutive 10-year term for the firearm enhancement.
After his unsuccessful efforts on direct appeal, Chioino filed a federal petition for writ of habeas corpus. This…