Alvernaz, In re, S022196

• Decision Date: 17 October 1991
• Docket Number: No. S022196,S022196
• Citation: 818 P.2d 61,286 Cal.Rptr. 778
• Court: California Supreme Court
• Parties: In re John P. ALVERNAZ on Habeas Corpus.

Page 778

286 Cal.Rptr. 778

818 P.2d 61

In re John P. ALVERNAZ on Habeas Corpus.

No. S022196.

Supreme Court of California, In Bank.

Oct. 17, 1991.

Prior report: Cal.App., 282 Cal.Rptr. 601.

Petition for review GRANTED.

Briefs on the merits should address (1) whether one claiming ineffective assistance leading to a lost plea bargain must allege and prove, as prejudice, the reasonable probability that judicial approval of the proffered bargain would have been obtained, (2) what remedy is appropriate for loss of the bargain, (3) whether the plea-bargaining limitations of Penal Code section 1192.7 preclude petitioner's claim of lost bargain, and (4) whether petitioner has alleged facts indicating a reasonable probability that he would have accepted the People's offer as made, or that the People would have accepted his counteroffer for a plea of nolo contendere.

LUCAS, C.J., and PANELLI, KENNARD, ARABIAN, BAXTER and GEORGE, JJ., concur.