Acknowledgement of receipt (04/04/07) of judgment from Clerk, Court of Appeal of California, Fifth Appellate District received.

MANDATE ISSUED. (orders list)

Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Cunningham v. California, 549 U. S. ___ (2007). (orders list)

DISTRIBUTED for Conference of February 16, 2007.

DISTRIBUTED for Conference of September 25, 2006.

Waiver of right of respondent California to respond filed.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 22, 2006)

Gino Robert Ynclan, Petitioner, represented by Sarah Foxman Pattison

California, Respondent, represented by F. Brian Alvarez