cunundrum69
Member
CALIFORNIA STATE CRIMINAL COURT
My public defender has flat out told me that he does not know the answer to the following question, and that I should do some investigation on my own concerning this and help him find a solution. I am the Defendant in a criminal case. My guilty plea was given in 2005. I was then placed on a deferred adjudication program where the judgment of conviction would not be entered unless I failed to complete the diversion classes and pay fines. In 2010, I failed diversion for failing to enroll and pay fines and was convicted and sentenced. My lawyer explained to me, that if I lost the appeal in the State appellate court, I would be unable to file a petition for writ of habeas corpus in federal court because I waited more than 1 year to file it after I gave my guilty plea and was placed on diversion. He explained that the US Supreme Court in the case of Caldwell v. Quarterman, 127 S C.t 431 (2006) declared that when someone is placed on deferred adjudication and the judgment of conviction is not entered, that it still begins to run the 1 year statute of limitation to file a habeas corpus petition under the Anti-terrorism and effective death penalty act.
Somewhat fearful that I was not going to be given a fair hearing in the state appellate court and then be denied the ability to proceed to federal court, I made a motion to the court to withdraw my guilty plea. Luckily that was granted, and the attorney general never objected to my motion. Now I am starting the criminal process all over again in the Superior Court, and I need to decide whether I am going to take it to trial or attempt to make different plea bargain.
My question is as follows:
When I was granted the ability to pull my guilty plea, did this not make it like the first guilty plea never occurred so as to make it that if I am convicted for the crime again, I will have one year from the date of conviction to file my federal habeas corpus petition absent tolling during my state appeal?
When the Court withdrew my guilty plea and reversed my conviction and have the case remanded back to the Superior Court, do you think this eradicated the first expiration of the 1 year statute of limitation to file a habeas corpus petition in federal court based upon the first guilty and conviction which were reversed?
I personally would think so, because when the state court withdrew the first guilty plea, and reversed the conviction based upon that plea, it made it like the guilty plea, and the deferred adjudication and ultimate conviction never occurred, and mooted them. Thus, the expiration of the first time limit to file base upon that plea and conviction is null and void.
Please tell me what you think, I have a real bozo for an attorney who wants me to do all the legal work.
Thank You very much.
My public defender has flat out told me that he does not know the answer to the following question, and that I should do some investigation on my own concerning this and help him find a solution. I am the Defendant in a criminal case. My guilty plea was given in 2005. I was then placed on a deferred adjudication program where the judgment of conviction would not be entered unless I failed to complete the diversion classes and pay fines. In 2010, I failed diversion for failing to enroll and pay fines and was convicted and sentenced. My lawyer explained to me, that if I lost the appeal in the State appellate court, I would be unable to file a petition for writ of habeas corpus in federal court because I waited more than 1 year to file it after I gave my guilty plea and was placed on diversion. He explained that the US Supreme Court in the case of Caldwell v. Quarterman, 127 S C.t 431 (2006) declared that when someone is placed on deferred adjudication and the judgment of conviction is not entered, that it still begins to run the 1 year statute of limitation to file a habeas corpus petition under the Anti-terrorism and effective death penalty act.
Somewhat fearful that I was not going to be given a fair hearing in the state appellate court and then be denied the ability to proceed to federal court, I made a motion to the court to withdraw my guilty plea. Luckily that was granted, and the attorney general never objected to my motion. Now I am starting the criminal process all over again in the Superior Court, and I need to decide whether I am going to take it to trial or attempt to make different plea bargain.
My question is as follows:
When I was granted the ability to pull my guilty plea, did this not make it like the first guilty plea never occurred so as to make it that if I am convicted for the crime again, I will have one year from the date of conviction to file my federal habeas corpus petition absent tolling during my state appeal?
When the Court withdrew my guilty plea and reversed my conviction and have the case remanded back to the Superior Court, do you think this eradicated the first expiration of the 1 year statute of limitation to file a habeas corpus petition in federal court based upon the first guilty and conviction which were reversed?
I personally would think so, because when the state court withdrew the first guilty plea, and reversed the conviction based upon that plea, it made it like the guilty plea, and the deferred adjudication and ultimate conviction never occurred, and mooted them. Thus, the expiration of the first time limit to file base upon that plea and conviction is null and void.
Please tell me what you think, I have a real bozo for an attorney who wants me to do all the legal work.
Thank You very much.
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