Albino Perez v. Terry Rosario
Opinion
Opinion
O'Scannlain, J.
ORDER AND AMENDED OPINION
ORDER
The opinion filed on May 22, 2006 is amended as follows:
Slip Op. 5555. Insert the following footnote after the final paragraph in Part IV:
No petition for rehearing or rehearing en banc has been filed, and none will be entertained.
OPINION
In this habeas corpus appeal, we must decide whether an attorney’s alleged faulty advice to his criminal defendant client during the plea bargaining process in state court constitutes ineffective assistance of counsel.
I
In 1987 Albino Perez’s girlfriend left him for John Hernandez. Perez took a hammer to Hernandez and broke his arm before he was pulled off.
A
Eight years later, Hernandez was driving his Honda Prelude home from running an errand, sometime between 7:00 and 7:30 PM on April 16, 1995, when he observed a dark-colored BMW stopped in the street. When he pulled forward to investigate, he saw Perez in the driver’s seat, wearing a blue-knit cap. Perez then pulled out a black semi-automatic handgun. Hernandez sped away while Perez fired several shots. Hernandez escaped unhurt but his car was riddled with bullet holes.