In re Johnson on Habeas Corpus CA5

INTRODUCTION

Petitioner Myron Johnson seeks to withdraw his plea of no contest to being a felon in possession of a firearm (Pen. Code,1 § 29800, subd. (a)(1)) on the ground his defense counsel provided ineffective assistance by misadvising him regarding his eligibility to earn good conduct credits at a rate of 50 percent (see Cal. Code Regs., tit. 15, § 3043.2, subd. (b)(3)) (sometimes referred to herein as half-time credits). He contends that, absent counsel’s misadvisement, he would not have entered the plea. We agree petitioner’s counsel provided ineffective assistance and, as a result, petitioner must be permitted to withdraw his plea.

BACKGROUND2

“Between about November 1, 2016, and December 1, 2016, [petitioner], who had a prior felony conviction, persuaded four victims under the age of 18 years to engage in commercial sex acts. “On January 20, 2017, [petitioner] possessed a firearm. “On December 8, 2017, in case No. VCF346180, the Tulare County District Attorney filed an information charging [petitioner] with three counts related to firearm and ammunition possession. “The same day, in case No. VCF346256, an information was filed charging [petitioner] with 20 counts…