People v. McCary

In People v. McCary (1985) 166 Cal.App.3d 1, the defendant was offered a plea that dismissed a section 667 enhancement. We found counsel deficient in failing to advise the defendant that section 667 could not be applied to him. (McCary, at p. 9.) The Court found prejudice because the record suggested the plea offer was not very attractive to the defendant as he moved to withdraw his plea while unaware of the invalidity of the enhancement, and there were evidentiary problems with one count. (Id. at p. 10.) The Court concluded the "promise to dismiss the enhancement charge was a substantial inducement in defendant's decision to plead guilty. Since the enhancement charge was invalid to begin with, the promise to dismiss it was of no value." (Ibid.)