Love

ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS

INTRODUCTION

Terrell Love (“Petitioner”), a prisoner of the State of California, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 . After consideration of Petitioner’s claims on the merits, the petition for writ of habeas corpus is GRANTED.

PROCEDURAL BACKGROUND

Petitioner was tried before a jury in Alameda County for two counts of murder, one count of attempted murder, and of being an ex-felon in possession of a firearm. The prosecutor alleged a special circumstance for multiple murder under California Penal Code § 190.2, enhancements for use of a firearm and for great bodily injury, and two prior prison terms under California Penal Code § 667.5(b).

On December 6, 1999, the jury found Petitioner not guilty of the first count of murder, but guilty of the other count of first degree murder, attempted murder, and being an ex-felon in possession of a weapon. The jury also found that Petitioner personally used a firearm in violation of California Penal Code § 12021(a) and inflicted great bodily injury. (Cal.Penal Code § 12022.7.) Petitioner admitted the first charged prior conviction pursuant to Penal…