Tyrone Jackson v. Robert G. Borg, Warden Attorney General of California

46 F.3d 1142 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Tyrone JACKSON, Petitioner-Appellant, v. Robert G. BORG, Warden; Attorney General of California, Respondents-Appellees. No. 94-55147. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 5, 1994. Decided Jan. 24, 1995. Before: FARRIS, POOLE and KOZINSKI, Circuit Judges. 1 MEMORANDUM * 2 Petitioner was indicted for first degree murder, second degree murder, and kidnaping. He pleaded guilty to second degree murder and kidnaping and was sentenced, pursuant to a plea agreement, to eleven years in prison. When it was later discovered that this sentence was below the statutory minimum, and thus illegal, the court vitiated that portion of the plea agreement requiring an eleven year sentence and offered petitioner the opportunity to withdraw his plea. This petitioner did, but without himself expressing in open court his desire to withdraw the plea, as required by Cal.Penal Code Sec. 1018. The case…