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Yoswick v. State
State: Maryland
Court: Court of Appeals
Docket No: 139/95
Case Date: 09/17/1997
Preview:IN THE COURT OF APPEALS OF MARYLAND No. 139 September Term, 1995

DAVID TEDDY YOSWICK v. STATE OF MARYLAND

Murphy, C.J. * Eldridge Rodowsky Chasanow Karwacki ** Bell Raker JJ.

Opinion by Raker, J.

Filed: September 17, 1997 *Murphy, C.J., now retired, participated in the hearing and conference of this case while an active member of this Court; after being recalled pursuant to the Constitution, Article IV, Section 3A, he also participated in the decision and the adoption of this opinion. **Karwarcki, J., now retired, participated in the hearing and conference of this case while an active member of this Court; after being recalled pursuant to the Constitution, Article IV, Section 3A, he also participated in the decision and the adoption of this opinion.

In this case we must decide whether a judge's failure to advise a defendant offering to plead guilty of the parole consequences of the sentence renders the plea unknowing and involuntary. We shall hold that the trial court's failure to advise a defendant who is planning to plead guilty of parole consequences does not render a plea invalid because parole consequences are collateral rather than direct consequences of a guilty plea. We shall further hold that Petitioner failed to establish a violation of the Sixth Amendment right to effective assistance of counsel because the prejudice prong of Hill v. Lockhart, 474 U.S. 52, 106 S. Ct. 366, 88 L. Ed. 2d 203 (1985), has not been satisfied.

I. David T. Yoswick, Petitioner, was indicted by the Grand Jury for Carroll County on twenty counts of criminal activity. On August 31, 1992, pursuant to a plea agreement, he pleaded guilty to attempted first degree murder, Maryland Code (1957, 1996 Repl.Vol.) Article 27,
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