Rainwater Law Group

Effective Criminal Defense

Cuero v Cate, No. 12-55911 [June 30, 2016]

Cuero v Cate

After entering into a plea agreement with Cuero charging him with one California strike, one day prior to sentencing, the DA filed an amended complaint alleging an additional prior strike, increasing his possible sentence from 14 years 4 months to 64 years to life. This was a violation of the plea agreement [“Cuero performed his part of the bargain only to have the state renege on its.”] and the remedy provide, i.e. withdrawal of his guilty plea and entering into a new plea agreement for 25 years to life was not sufficient to provide Cuero with his benefit of the original bargain. The state court violated clearly established Supreme Court law by denying Cuero the benefit of his bargain and the Court reversed the denial of his petition. [The majority describe Judge O’Scannlain’s dissenting arguments as “Absurd.”)

UPDATED: Rehearing was denied with a dissenting opinion. See here.

blog comments powered by Disqus