In re Haden

Filed 6/5/20 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR A158376 In re STEVEN L. HADEN, (San Mateo County on Habeas Corpus. Super. Ct. No. SC042504) In People v. Gallardo (2017)

4 Cal.5th 120

(Gallardo), our Supreme Court disapproved its prior decision in People v. McGee (2006) 38 Cal.4th 682, (McGee) and held that a trial court considering whether to impose a sentence enhancement based on a defendant’s prior conviction may not make factual findings about the defendant’s conduct to impose the enhancement. Petitioner Steven…