Kyle David Gardner v. Bertram Griggs, Superintendent

Gardner was arraigned on a state burglary charge and pleaded not guilty. The court denied the state’s motion for a continuance at the preliminary hearing and ordered Gardner released. Instead, Gardner was arraigned on a second complaint filed against him that same day and again pleaded not guilty. On the date set for trial Gardner changed his plea to guilty pursuant to a plea bargain which, in addition to other terms, specified that Gardner would be credited for time served on the sentence for which the bargain had been arranged.

The sentence later imposed was identical in all respects to that originally bargained for except for providing that time would be credited towards a probation violation, the sentence for which was consecutive to the burglary sentence, and stated Gardner had been sent to a state facility for a diagnostic evaluation (not mentioned at all in the original bargain).

Because the California Supreme Court later denied Gardner’s petition for habeas corpus without citation of authority, we assume that it disposed of Gardner’s federal constitutional question on the merits and against him. Thompson v. Procunier, 539 F.2d 26 (9th Cir. 1976).

Gardner…