Gayton

Defendant appeals from a judgment entered and the sentence passed thereon following his plea of guilty to a charge of violating Health and Safety Code section 11530 (possession of marijuana). The notice of appeal is accompanied by a certificate of probable cause as prescribed by Penal Code section 1237.5.

Defendant asserts that his guilty plea was invalid because it was fraudulently induced by the prosecutor’s false promise of leniency and that the guilty plea must be set aside because the record discloses that he did not understand his constitutional rights and because he did not have effective and competent counsel.

Adverting to the first contention, we observe that although defendant’s guilty plea may be vitiated by his showing it to have been the product of unkept promises by the prosecutor (People v. Wadkins, 63 Cal.2d 110, 113 [ 45 Cal.Rptr. 173 , 403 P.2d 429 ]; People v. Coley, 257 Cal.App.2d 787, 800 [ 65 Cal.Rptr. 559 ]; People v. Phillips, 263 Cal.App.2d 423, 426 [ 69 Cal.Rptr. 675 ]; In re Williams, 1 Cal.3d 168, 177 [ 81 Cal.Rptr. 784 , 460 P.2d 984 ]), we do not here find of record, as defendant concedes, any evidence that the prosecutor or any public…