Roderick Johnson v. Brian Gunn

74 F.3d 1246 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Roderick JOHNSON, Petitioner-Appellee, v. Brian GUNN, Respondent-Appellant. No. 94-55549. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 16, 1995. Decided Jan. 10, 1996. 1 Before: HUG, LEAVY, Circuit Judges, and MUECKE, District Court Judge * . 2 MEMORANDUM ** 3 Appellant Brian Gunn appeals the District Court's grant of petitioner's petition for writ of habeas corpus. We affirm. FACTUAL AND PROCEDURAL BACKGROUND 4 Petitioner was convicted in Superior Court in Los Angeles, California of three counts of second degree robbery, with the use of a firearm. Petitioner admitted three of four alleged prior felony convictions. The trial court sentenced petitioner to a term of 21 years in prison, consisting of 5 years on count one; consecutive one-year terms for counts II and III; a consecutive four-year term for the firearm use enhancement; and two consecutive terms of 5 years for each of the…