In Re Moser
California Supreme Court
1Opinion of the Court
*345Opinion
GEORGE, J.
In this case we must decide under what circumstances a defendant who has pleaded guilty may obtain relief on habeas corpus when, prior to entry of the plea, the trial court correctly advised the defendant of the length of the potential prison term, but erroneously advised the defendant as to the length of time he or she would remain on parole following release from prison.
As we shall explain, a defendant who has pleaded guilty after receiving inadequate or erroneous advice from the trial court with regard to the potential consequences of a plea generally is entitled to obtain…
2Cases cited21 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Santobello v. New YorkSupreme Court of the United States · 1971
- Hill v. United StatesSupreme Court of the United States · 1962
- United States v. TimmreckSupreme Court of the United States · 1979
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3Cited by67 opinions
- People v. Superior Court (Zamudio)California Supreme Court · 2000
- In Re ResendizCalifornia Supreme Court · 2001
- People v. LopezCalifornia Court of Appeal · 1998
- People v. McClellanCalifornia Supreme Court · 1993
- Brian A. Buckley v. C.A. Terhune, Director of the California Department of CorrectionsCourt of Appeals for the Ninth Circuit · 2006
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