posted 2021 | State v. PK (Orange County)
Sometimes a sure thing is better than taking a risk. Client was charged with multiple counts of fraud and theft as a habitual felony offender. The State offered a plea of 10 years in prison. The client rejected the plea after her lawyer told her the plea was too harsh and he could obtain a better sentence. The client entered an open plea to the judge expecting to receive a lesser sentence. Instead, she was sentenced to a combined 30-year sentence consisting of 20 years in prison, followed by 10 years of probation.
After losing her appeal, Mr. Forman was hired to file a motion for post-conviction relief seeking to withdraw the client’s plea. Mr, Forman argued the client’s plea was involuntary and that trial counsel rendered misadvice. The State responded and agreed that an evidentiary hearing was required. Prior to the evidentiary hearing, Mr. Forman and the State discussed a possible resolution. The State agreed to reduce the client’s sentence by 10-years (5 years prison and 5 years probation) if she wanted to resolve the motion.
Having already missed an opportunity, the client decided it was wise to accept a guaranteed 10-year reduction of her sentence. Client was grateful she was able to obtain a reduction in sentence.