Campbell v. Smith

Dist. Ct. did not err in denying defendant’s habeas petition alleging that his counsel was ineffective for failing to object to prosecutor’s comments during defendant’s sentencing hearing that urged Dist. Ct. to sentence defendant to 20-year term, where prosecutor failed to apprise Dist. Ct. of prosecutor’s recommendation in plea agreement that defendant receive 5-to-7 year term of confinement, with balance of 20-year term being served in extended supervision. Defendant could not establish any prejudice, where his counsel alerted Dist. Ct. to relevant terms of plea agreement, and where Dist. Ct.’s sentencing explanation supported conclusion that there was no likelihood that defendant would have received recommended 5-to-7 years’ confinement had prosecutor alerted Dist. Ct. to said recommendation in plea agreement. Moreover, although Dist. Ct. sentenced defendant to 34-year term of confinement, as well as ten year term of extended supervision, prosecutor’s arguments that focused on aggravated sentencing factors did not undermine bargained-for recommendation contained in plea bargain given perceived need to protect public and victim from defendant.