Opinion
S254569
12-18-2019
SPEARS (BRIAN) ON H.C.
Order to show cause issued, returnable in Superior Court
The Secretary of the Department of Corrections and Rehabilitation is ordered to show cause, returnable before the El Dorado County Superior Court, when the matter is ordered on calendar, why relief should not be granted on the ground that trial counsel rendered ineffective assistance by giving petitioner erroneous advice regarding his potential exposure during plea negotiations, leading petitioner to reject an offer of 30 years to life. (See Lafler v. Cooper (2012) 566 U.S. 156, 162-163; In re Alvernaz (1992) 2 Cal.4th 924, 934.) The return must be served and filed on or before January 17, 2020.
Votes: Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, and Groban, JJ.