Villarreal

Appellant appeals from a judgment entered on his plea of guilty to the crime of possession of LSD for sale (Health & Saf. Code, § 11378). The offense stemmed from certain undercover narcotics activities conducted by Agents Pierce and Carpenter of the bureau of narcotics enforcement; appellant was sentenced to state prison for the term prescribed by law. Appellant’s appeal has raised a fundamental and serious issue. He contends that the district attorney not only deliberately failed to comply with the terms of a plea bargain, but that the district attorney was guilty of misconduct because he actively interfered with the preparation of the presentencing probation report by the Fresno County Probation office.

We recite the facts briefly.

On August 18, 1975, a criminal complaint was filed in the Municipal Court for the Fresno Judicial District of Fresno County charging appellant and two others, Richard Samora and Jerry Salley, with the sale of LSD in violation of section 11379 of the Health and Safety Code; they also were charged with conspiracy to sell the drug. In addition, Jeriy Salley was charged with possession of marijuana. Appellant was represented by Deputy Public…