Darrell Anthony Gautt v. Gail Lewis, Warden

BERZON, Circuit Judge.

We consider whether Darrell Anthony Gautt’s constitutional due process right to be informed of the charges against him was violated when he was charged with a sentencing enhancement under one statute, section 12022.53(b) of the California Penal Code, 1 but had his sentence enhanced under a second, different statute, section 12022.53(d). The first statute, not the second, was alleged by number and by nearly verbatim description in the information. We hold that Gautt’s due process right was indeed violated when, as a result of this discrepancy, he was sentenced pursuant to…