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Life Sentence For Probation Violation Affirmed

By Shari Allison

Schumaker v. Ortiz, 2010 WL 5094282 (12/15/10) (Colo.) (unpub'd) - 10th denies habeas relief where petitioner received a life sentence after violating probation for a sex abuse offense. The petitioner violated the condition that he could not deny he committed the offense to which he was pleading guilty. The petitioner could not show he was prejudiced by counsel's alleged failure to mention the condition he violated or the possibility of a life sentence upon violation of that condition. The written plea agreement did mention the condition, he said at the plea hearing he read the agreement and the judge at the plea hearing told him about the life sentence. There is no prejudice from counsel's inadequate advice about consequences, if the defendant is correctly informed of the consequences by some other source.continue to full post

Full post as published by Tenth Circuit Blog on December 22, 2010 (boomark / email).