CARTER v. McCARTHY

No. 85-6299.

806 F.2d 1373 (1986)

Nardell U. CARTER, Plaintiff-Appellee, v. Daniel McCARTHY, Midge Carroll, John K. Van De Kamp, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided December 23, 1986.


Attorney(s) appearing for the Case

William K. Rasmussen, Arcadia, Cal., for plaintiff-appellee.

Ernest Martinez, Deputy Atty. Gen., Los Angeles, Cal., for defendants-appellants.

Before ALARCON, BOOCHEVER and REINHARDT, Circuit Judges.


REINHARDT, Circuit Judge:

We resolve here a question previously unaddressed by this circuit, i.e., whether a guilty plea is voluntarily and intelligently made when the trial judge fails to inform the accused of a mandatory parole term concomitant to the sentence. We hold it is not.

Nardell Carter was arrested and charged in 1981 with forgery and possession of stolen checks. He pleaded guilty pursuant to a plea bargain under which he was to receive a two-year...

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