Arthur D. Pierre v. Gerald Thompson, Secretary of the State of Washington Department of Social and Health Services

This is an appeal from the denial of a petition for writ of habeas corpus. The district court did not grant an evidentiary hearing. The issue is whether the district court properly relied upon the finding of the state appellate court on the question of the adequacy of the relief awarded to the appellant by the state courts for breach of his plea agreement.

Appellant pled guilty to robbery charges in the Superior Court of Washington for King County on April 8, 1974. He apparently also admitted being armed with a firearm at the time of each offense. How ever, the plea was entered pursuant to a plea agreement whereby the prosecutor agreed to dismiss allegations that, at the time of the robberies, the appellant was armed with a deadly weapon. It is undisputed that appellant pled guilty with the understanding that under the plea agreement he would not be subjected to a mandatory minimum prison sentence. The trial court nevertheless recited in the judgment and sentence that appellant was armed with a firearm at the time of each offense. A “special finding” that appellant was armed with a deadly weapon would require the Washington State Board of Prison Terms and Paroles to fix the…