P. v. Shack
James Darnell Shack appeals a judgment entered on his plea of guilt to armed robbery and also petitions for habeas corpus relief. He contends that (1) the trial court (a) abused its discretion in refusing to strike his strike prior; (b) erred in imposing a sentence in excess of 20 years, which was the maximum term stated on his plea form, for the offense; and (c) improperly relied on his prior convictions to impose an upper term sentence and a five-year enhancement; and that he suffered ineffective assistance of counsel because his attorney allowed him to plead guilty at a time when he was incompetent and failed to disclose that the actual maximum sentence that could be imposed was 25 years. We reverse the judgment based on the imposition of a term in excess of 20 years and conclude that Shack is entitled to withdraw his plea on remand; based on that reversal, Court need not reach his remaining contentions and Court dismiss his petition as moot.
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