Kennard Johnson v. Domingo Uribe, Jr.

Kennard G. Johnson was sentenced to eleven years, four months in the Superior Court of California following his entry of a plea of guilty to four theft-related counts for defrauding an auto dealership and stealing a vehicle. He petitioned for a writ of habeas corpus in federal court, which the district court granted. Johnson appeals, challenging the adequacy of the district court’s chosen remedy for the violation of Johnson’s Sixth Amendment right to effective assistance of counsel. Johnson claims that it was error for the district court to grant the writ subject to imposing a new sentence within the lawful maximum range. Johnson argues that his conviction should be vacated and his Vargas waiver voided, thus returning him to the pre-plea stage of proceedings.

The ineffective assistance of counsel Johnson received affected the entire plea negotiation stage of the proceedings in the Superior Court. We hold, therefore, that the district court’s decision to grant the writ subject to the state court resentencing Johnson failed adequately to remedy the constitutional violation. We AFFIRM the district court’s grant of Johnson’s habeas petition but VACATE the district court’s…