PEOPLE v. POLLARD (1991)

Supreme Court of California,In Bank.

PEOPLE, Respondent, v. Harvey William POLLARD, Appellant.

No. S022347.

Decided: October 17, 1991

Respondents' petition for review GRANTED.

The issue to be argued before this court shall be limited to the claim of ineffective assistance of counsel leading to loss of a favorable plea bargain. Briefs on the merits should address (1) whether the proponent of a “lost bargain” claim must allege and prove, as prejudice, the reasonable probability that judicial approval of the proffered bargain would have been obtained, (2) what remedy is appropriate for loss of the bargain, and (3) whether a “lost bargain” claim may be decided on motion for new trial.

LUCAS, C.J., and PANELLI, KENNARD, ARABIAN, BAXTER and GEORGE, JJ., concur.

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