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Name: People v. Jacobs
Case #: H038082
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 10/01/2013
Summary

Defense counsel was not ineffective for failing to argue for the minimum sentence where there was no reasonable probability that the court would have imposed a lesser sentence. In exchange for the dismissal of additional charges, Jacobs pled no contest to forcible rape and other charges. The agreed sentencing range was eight years, eight months to 11 years. The prosecutor urged the court to impose the 11-year term recommended in the probation report because Jacobs lured his victims through communications on social networking sites and physically injured one victim. Defense counsel responded “the indicated was 11 years” and “that’s the reason he pled.” The court imposed the eleven-year term, which was based on the middle term for forcible rape. Jacobs appealed, arguing counsel’s failure to argue for the minimum sentence constituted ineffective assistance of counsel. He pointed out that he was 21 at the time of the offense and had no criminal record, facts which were reflected in the probation reports. The appellate court rejected the claim, finding there was no reasonable probability that, but for counsel’s alleged failings, the court would have imposed a lesser sentence.