In re Vargas
Opinion
Lead Opinion
Aldrich, J.
Petitioner Steven Vargas pled nolo contendere to three counts of forcible lewd conduct upon a child (Pen. Code, § 288, subd. (b)(1)). Petitioner was sentenced to a total prison term of 24 years.
*1130 Petitioner filed a petition for writ of habeas corpus. In the petition he contended that his attorney, Brenda Vargas, 1 rendered ineffective assistance of counsel and coerced him into accepting the plea. To support his petition, petitioner brings forth sufficient evidence to warrant an evidentiary hearing as it appears petitioner’s factual statements are believable and Attorney Vargas’s statements to the contrary lack credibility.
We conclude petitioner has made a prima facie showing of entitlement to an evidentiary hearing on issues raised in said petition. We grant the petition for writ of habeas corpus and discharge the order to show cause. We remand to the superior court for the purpose of conducting an evidentiary hearing on issues raised in said petition, including but not limited to, whether petitioner’s counsel, Attorney Brenda Vargas was ineffective and whether petitioner was coerced into accepting the plea agreement.