P.

P. v. Vaccaro CA1/1

Good Law
Court of Appeal of CaliforniaJuly 26, 2013A137059California2,994 words

Opinion

Opinion

Dondero, J.

STATEMENT OF THE CASE

As a result of executing several search warrants and an ongoing police investigation, seven suspects including defendant were charged in a 15-count complaint with crimes dealing with possession for sale, cultivation, and maintaining a place for the distribution of marijuana. The prosecution’s initial complaint included early resolution offers for each defendant. Defendant, represented by attorney Walter Rubenstein, pleaded not guilty on March 17, 2011. On March 18, 2011, two of the charged codefendants entered pleas to the offer proposed by the district attorney. Codefendant Mills entered a plea to Health & Safety Code section 11358 (cultivation) and codefendant Olson pled to Health & Safety Code section 11366.5, subdivision (a), a misdemeanor. The proposed package deal for the remaining codefendants required defendant to plead to a violation of Health & Safety Code section 11359 for a sentence of probation, a custody sentence of 120 days in jail, destruction of equipment found in the properties, forfeiture of moneys seized under the search warrants, and no possession of marijuana during probation. On April 5, 2011, the prosecutor withdrew the package offer…

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