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 March 17, 2006.

Waiver of right of respondent California to respond filed.

DISTRIBUTED for Conference of February 17, 2006.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 30, 2005)

Eric Lovelle Howard, Petitioner, represented by Charles B. Holzhauer

California, Respondent, represented by Jeffrey M.K. Laurence