¶1Patrick J. Hennessey, Jr. (argued), Law Office of Patrick Hennessey, San Diego, CA, for Petitioner-Appellant.
¶2*1035David Delgado-Rucci, Kevin Vienna (argued), Office of the California Attorney General, San Diego, CA, for RespondentAppellee.
¶3Before: KOZINSKI, WARDLAW, and W. FLETCHER, Circuit Judges.
¶4ORDER
¶5Respondent’s unopposed motion to summarily reverse the district court’s judgment is hereby GRANTED.
¶6The judgment below is REVERSED. The district court is directed to enter an order granting a conditional writ of habeas corpus, releasing Baca from custody unless the state of California retries him within a reasonable period of time.
¶7REVERSED and REMANDED. The mandate shall issue forthwith.