P. v. Alexander CA1/4
Gregory Alexander appeals from a judgment based on a guilty plea convicting him of carjacking (Pen. Code, § 215) and two misdemeanors, finding true the allegations supporting two sentence enhancements, and imposing a prison sentence of 13 years 8 months. He contends that the trial court abused its discretion by failing either to grant his motion to withdraw his plea or to appoint substitute counsel to investigate and present that motion.
At the sentencing hearing, defendant’s appointed counsel, Karen Olson, argued that she had been ineffective in failing to discover his out-of-state criminal record before advising him to accept a plea bargain with an open plea, instead of an alternative offer with a guaranteed midterm sentence. Defendant had told Olson that he had no prior prison terms or felonies. After his plea, however, she learned of his extensive criminal history in New Jersey—a history that would have led her to advise him to accept the midterm sentence. The trial court d
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