In Re Moser

KENNARD, J., Dissenting.

The majority is remanding this case to the superior court so that court can determine whether petitioner suffered prejudice when the trial court misstated the parole consequences of his plea of guilty to second degree murder. Like Justice Mosk, I see no need for a remand. As Justice Mosk observes in his dissenting opinion, the prosecution’s failure to raise the issue of prejudice in its return to the habeas corpus petition is tantamount to a concession on that issue. Therefore, the majority’s remand on the question of prejudice is unnecessary and a waste of judicial…