Vincent Scot Smith v. Eddie Ylst, Warden

47 F.3d 1176 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Vincent Scot SMITH, Petitioner-Appellant, v. Eddie YLST, Warden, Respondent-Appellee. No. 94-15941. United States Court of Appeals, Ninth Circuit. Submitted Feb. 15, 1995. * Decided Feb. 21, 1995. 1 Before: TANG and O'SCANNLAIN, Circuit Judges, and MERHIGE, ** District Judge. 2 MEMORANDUM *** 3 Vincent Scot Smith pled guilty to second degree murder. At sentencing, the court advised him that the penalties he could face as a result of his plea were: (1) a fifteen year to life sentence in prison, (2) an additional two-year prison term for use of a firearm in commission of the offense; (3) a parole term of five to seven years following the prison sentence; and (4) ineligibility for probation. At sentencing, a different judge sentenced Smith to a prison term of fifteen years to life plus two years for the firearm charge. The sentencing court also ruled correctly that if parole were granted, the term of parole would be…