Sierra v. Secretary, Florida Department of Corrections

Richard Sierra, a Florida prisoner, appeals the denial of his 28 UÍS.C. § 2254 petition. He contends that his trial counsel was ineffective for advising him that, if he went to trial and was found guilty, the court would have no option but to sentence him to life imprisonment. He argues that nothing was said during his plea colloquy to correct the incorrect advice he received about the consequences of going to trial. He asserts that if counsel had not given him the incorrect advice, he would have gone to trial instead of pleading guilty.

In 2009 Sierra entered a written, open plea agreement.…