What is the effect of ineffective counsel on the sentencing of a defendant who pleaded guilty to a charge of assault with intent to pervert the course of justice?

California, United States of America


The following excerpt is from People v. Carroll, F072200 (Cal. App. 2016):

According to the record, defendant's plea agreement was not for 30 days in county jail. The court indicated a grant of probation, but informed him that his maximum exposure was four years in prison. The probation officer believed defendant should serve six years in prison, but the court decided to find unusual circumstances and grant probation. Based on defendant's criminal history and his other prospects, he was granted a favorable sentence in exchange for his plea. The record bears no evidence of ineffective assistance of counsel. If defendant possesses evidence of ineffective assistance of counsel outside this record, his claim is more appropriately presented by way of a petition for writ of habeas corpus. (People v. Johnson (2016) 62 Cal.4th 600, 654.)

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