In Re Phelps

Opinion

RICHLI, J.

In brief, petitioner Wallace Reed Phelps seeks relief from a conviction of violating provisions of the Home Equity Sales Contract Act. (Civ. Code, § 1695 et seq.) He argues that his conduct did not violate any law and that, accordingly, trial counsel rendered constitutionally defective assistance in permitting him to enter a guilty plea. We agree.

The facts are not in dispute. The purported victim, Maria Rocha, owned a single-family residence located on Pleasant Court in San Bernardino. The property was in foreclosure, and in March 1998 she moved out. In early June, she was…