In re Smith

Petitioner claims, first, that his plea of guilty was entered upon the definite understanding that his term of imprisonment would be for one year and no more, and that since he has fully served the sentence as imposed by the court he is entitled to immediate release. He contends, second, that he is entitled to release forthwith because he has been deprived of his liberty without due process of law or due course of law contrary to the guaranties of the federal and state Constitutions. These contentions are based on the premise that he had a right to stand trial on his original plea of not…