Case Number
E2009-01259-CCA-R3-HC
Irespectfully dissent from the conclusion that the incorrect release eligibility date (RED) was not a material part of the plea agreement. I do not believe the record justifies such a conclusion without an evidentiary hearing. I also do not believe that the habeas court should be the forum to determine whether the Petitioner should be entitled to withdraw his plea. Once the habeas court determines that an illegal sentence has been imposed and vacates the judgment of conviction, what then occurs in the original case should be left to the convicting court to decide.
Originating Judge
Judge Robert E. Cupp
Case Name
Darrell W. Lunsford v. Howard Carlton, Warden - Dissenting
Date Filed
Dissent or Concur
This is a dissenting opinion
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