California Court of Appeal

In plaintiff's petition for writ of mandate seeking specific performance of an alleged term of his plea agreement mandating that his term of parole not exceed three years, superior court's grant of the petition issuing a peremptory writ of mandate directing the Department of Corrections and Rehabilitation (Department) to release plaintiff from parole immediately in compliance with and enforcement of his plea agreement is reversed where: 1) the three-year term of parole was not negotiated "term" of plaintiff's plea agreement as it could not lawfully have been a negotiated term of such an agreement; and 2) at best, the statement on the guilty plea form, that plaintiff's incarceration would be followed by a parole term of three years, was a misadvisement of the consequences of his plea for which plaintiff has failed to allege sufficient prejudice entitling him to relief.

Appellate Information

• Decided 08/19/2010
• Published 08/19/2010

Judges

• MILLER

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Edmund G. Brown, Jr., Sarah A. Stockwell