Sass

MEMORANDUM **

Brian Sass, a California state prisoner, appeals the district court’s dismissal of his 28 U.S.C. § 2254 petition. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm, in part; reverse, in part, and remand with instructions.

Sass contends that his multiple convictions for second degree murder (CaLPenal Code § 187(a)), gross vehicular manslaughter while intoxicated (CaLPenal Code § 191.5), driving under the influence causing injury (drunk driving with injury) (Cal. Veh.Code § 23153(a)), and driving with greater than .10 percent blood alcohol causing injury (Cal. Veh.Code § 23153(b)), violate the Double Jeopardy Clause.

Sass is entitled to habeas relief if the state court’s adjudication of his double jeopardy claim was contrary to clearly established Federal law, as determined by the Supreme Court of the United States. See 28 U.S.C. § 2254 (d). The Double Jeopardy Clause prohibits the imposition of multiple punishments for the same offense. See Ball v. United States, 470 U.S. 856, 864-65 , 105 S.Ct. 1668 , 84 L.Ed.2d 740 (1985) (“[A] second conviction, even if it results in no greater sentence, is an impermissible punishment.”). Where the same act…