Allen

The convictions involved in this case originated in two multiple-count informations, each naming multiple defendants. In No. A 514105, Charles Ronald Allen (“defendant”) was charged with selling, furnishing and giving away marijuana, a violation of former section 11531 of the Health and Safety Code (count I), possession of marijuana for sale (Health & Saf. Code, former § 11530.5; count II), and conspiracy to violate former section 11531 (Pen. Code, § 182; count III). In No. A 513745, defendant was named in count IV only, and charged with selling, furnishing and giving away “a restricted dangerous drug in the nature of an amphetamine” (Health & Saf. Code, former § 11912).

Disposition of the charges against defendant was in accordance with a plea bargain. At the time of trial; the prosecutor explained to defendant that in a discussion among the judge, the prosecutor and defendant’s attorney, the prosecutor had stated that if defendant entered pleas of guilty or nolo contendere on three of the four pending counts (all but the conspiracy count), the prosecutor would recommend to the court: (a) that the conspiracy count be dismissed in the interest of justice, and (b) that…