In re Graham CA4/2

STATEMENT OF THE CASE

After pleading guilty to one count of attempted murder (Pen. Code, §§ 664/187,

subd. (a)) and admitting both a great bodily injury enhancement (Pen. Code, § 12022.7)

and a use of a deadly weapon enhancement (Pen. Code, § 12022, subd. (b)(1)), on

January 3, 2020, petitioner was sentenced to a term of 13 years in state prison.

Prior to entering his plea, petitioner informed his attorney about his mental and

developmental disabilities and asked about “mental health court.” However, counsel did

not investigate. Because of his disabilities and based upon his counsel’s promise to help

him perfect his appeal, petitioner was then “defrauded” into taking a plea deal that he had

rejected. Counsel promised to file an appeal, so petitioner did not immediately act on his

own behalf, accounting for the initial part of the delay in seeking his appeal. Although the

petition could have been more precise about the timing, when petitioner discovered that

he did not have a pending appeal, he contacted his trial counsel to obtain his transcripts.

Trial counsel had received more than one letter from petitioner prior to November 3,

2020, requesting a copy of his…