Gerrish v. Barnes

DURHAM, Justice:

In 1985, plaintiff Oliver Benjamin Gerrish was charged with three counts of aggravated sexual abuse of a child, a first degree felony carrying a minimum mandatory term of three, six, or nine years to life. Utah Code Ann. § 76-5-404.1. As part of a plea bargain, Gerrish pleaded guilty to one of the counts and the other charges were dismissed. He was sentenced to the middle term: six years to life.

Gerrish now seeks a writ of habeas corpus allowing him to withdraw his guilty plea. He alleges that the prosecution promised to seek the minimum three-year sentence as part of the plea…