In re Hiscox
Petitioner Michael Robert Hiscox filed a petition for a writ of habeas corpus on June 8, 2007, claiming, in part, that his detention is unlawful because he was illegally sentenced by the trial court to an aggravated term in violation of the principles laid out in Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856]. Initially a jury had convicted petitioner on 11 counts of lewd and lascivious conduct with a child. Each count included a finding of substantial sexual conduct under Penal Code section 1203.066, subdivision (a)(8). The court had applied Penal Code section 667.61 and imposed 11 consecutive terms of 15 years to life (for a total of 165 years to life). (People v. Hiscox (2006) 136 Cal.App.4th 253, 256.)
On direct appeal this court affirmed petitioners conviction, but vacated that original sentence and remanded for sentencing under the law as it existed before November 30, 1994. (People v. Hiscox, supra, 136 Cal.App.4th at pp. 257, 262.) Petitioner filed a petition for review by the California Supreme Court, which denied the petition on May 17, 2006, and the remittitur issued on June 21, 2006. On May 4, 2006, before the Supreme Court acted, the superior court re sentenced petitioner. Accordingly, Court remand this case to the superior court for resentencing. Pursuant to stipulation, this opinion is final for all purposes immediately upon filing, and the clerk of the court immediately issue the remittitur herein.
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