California, United States of America
The following excerpt is from People v. Alvarado, E068735 (Cal. App. 2018):
In Reed, the defendant had filed a declaration in support of his motion to withdraw the plea asserting he would not have entered the plea if he knew he could only acquire 15 percent custody credits. (Reed, supra, 62 Cal.App.4th at p. 596.) In Barella, the defendant submitted a declaration with his motion to withdraw the plea reflecting he believed he would receive 50 percent credits and would not have entered the plea otherwise. The defendant additionally testified at the hearing on the motion to withdraw the plea that his attorney did not advise him he would be required to serve 80 percent time, he believed he would only have to serve 50 percent time, and he would not have entered the plea otherwise. (People v. Barella, supra, 20 Cal.4th at pp. 264-265.) The court advised that the "defendant's claim of ineffective assistance of counsel should be resolved in a habeas corpus proceeding rather than on appeal." (Id. at p. 272.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexsei.com.