In re Smith CA2/7

Filed 9/15/22 In re Smith CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN B314243 In re KALEAH SMITH, (Los Angeles County Super. Ct. No. NA103415) on Habeas Corpus. On petition for writ of habeas corpus. Petition granted. Richard B. Lennon and Suzan E. Hier, under appointment by the Court of Appeal, for Petitioner. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Scott A. Taryle, Supervising Deputy Attorney General and Idan Ivri, Deputy Attorney General for Respondent. ____________________________ INTRODUCTION In 2018 Kaleah Smith pleaded no contest to first degree murder and attempted willful, deliberate, and premeditated murder. Smith later unsuccessfully sought to withdraw her plea. Her efforts to seek appellate review were also unsuccessful. Smith filed a petition for writ of habeas corpus in the Supreme Court, arguing her trial counsel provided ineffective assistance because he did not advise her accurately about her eligibility for a youth offender parole hearing under Penal Code section 3051.1 The Supreme Court ordered the Secretary of the Department of Corrections and Rehabilitation to show cause, returnable in this court, why Smith “is not entitled to relief based on her claim that trial counsel rendered ineffective assistance during plea negotiations either by failing to advise her or by misadvising her as to her parole eligibility under . . . section 3051, subdivision (b)(3).” We grant the petition. FACTUAL AND PROCEDURAL BACKGROUND A. Smith Pleads No Contest to Murder and Attempted Murder In November 2015, when Smith was 22 years old, she went with several friends to a housing project, where one of the friends shot at two people sitting on some stairs. One of the two victims died. (People v. Alvarado (Feb. 22, 2021, B298355 [nonpub. opn.]; People v. Smith (June 18, 2020, B295351) [nonpub. opn.]), review den. Sept. 9, 2020, S263561.) 1 Statutory references are to the Penal Code. 2 The People charged Smith with first degree murder (§ 187, subd. (a)) and attempted willful, deliberate, and premediated murder (§§ 187, subd. (a), 664). The People alleged that Smith committed the offenses for the benefit of, at the direction of, or in association with a criminal street gang with the specific intent to promote, further, or assist in criminal conduct by gang members (§ 186.22, subd. (b)(1)(C)) and that a principal personally and intentionally discharged a firearm causing great bodily injury or death (§ 12022.53, subds. (d) and (e)(1)). On January 17, 2018, the day of trial, Csaba Palfi, Smith’s trial counsel, informed the court that Smith had agreed to a negotiated disposition. The court told Smith that she would be pleading “open to …

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