Schwenk

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8

ERIC SCHWENK,

9 Case No. 5:14-cv-04971-EJD Petitioner, 10 ORDER GRANTING PETITION FOR v. WRIT OF HABEAS CORPUS; 11 FINDINGS OF FACT AND

CONCLUSIONS OF LAW

12 ROSEMARY NDOH, Warden, Avenal State Prison, 13 Respondent. 14

15 Petitioner Eric Schwenk was convicted following a second jury trial of two counts of lewd 16 acts upon a child (Penal Code §288) and admitted that he suffered a prior conviction of the same 17 offense for purposes of sentence enhancement. Petitioner was sentenced to prison for a term of 18 twenty-five (25) years. This Court held an evidentiary hearing on the issue of ineffective 19 assistance of trial counsel based upon counsel’s alleged failure to convey formal plea offers. 20 Based on the following findings of fact and conclusions of law, the petition is GRANTED. 21 I. PROCEDURAL HISTORY 22 Following his conviction in Humboldt…