Gonzalez v. Sherman, No. 14-56855 (9th Cir. 2017)Annotate this Case
A state court's alteration of the number of presentence credits to which a prisoner was entitled under California law constitutes a new, intervening judgment under Wentzell v. Neven, 674 F.3d 1124, 1125 (9th Cir. 2012). The Ninth Circuit reversed the dismissal of a California state prisoner's habeas corpus petition and remanded for further proceedings. In this case, the amendment to the judgment was clearly a new judgment under Magwood v. Patterson, 561 U.S. 320, 341–42 (2010). The panel explained, so too, with the amendment to petitioner's presentence credits, and thus to his sentence.