Dennis L. STEPHENS, Petitioner-Appellant, v. Robert G. BORG, Warden, Respondent-Appellee

I would reverse the denial of Dennis L. Stephens’ petition for writ of habeas corpus. Accordingly, I dissent.

As the majority note, an accused has “a fundamental right to be clearly informed of the nature and cause of the charges in order to permit adequate preparation of a defense.” Sheppard v. Rees, 909 F.2d 1234, 1236 (9th Cir.1989). Thus, “Due process entitles an accused to know the charges against which he must defend in order to have a reasonable *937opportunity to prepare and present a defense and not be taken by surprise at trial.” Usher v. Gomez, 775 F.Supp. 1308, 1313 (N.D.Cal.1991),…