Hightower

Kenneth Hightower appeals from the judgment following his plea of nolo contendere to 15 counts of grand theft. (Pen. Code, § 487, subd. 1.) He claims the court erroneously denied his motion to withdraw the plea because he was never advised a nolo contendere plea was considered the same as a plea of guilty.

Facts

The charges against appellant arose from his solicitation and receipt of deposits on imported luxury automobiles he did not intend to provide. Before appellant’s preliminary hearing, in a conference with a judge of the superior court, a plea agreement was reached. Its terms were unusual and the punishment surprisingly light. Appellant would plead no contest and would receive a one-year stay on sentencing so he could make restitution to all known victims of his crimes. After one year, the court would impose thirty days of custody for each $10,000 of unpaid restitution. The prosecutor and defense counsel agreed appellant’s maximum exposure under the terms of the agreement was three to four years’ imprisonment.

On July 15, 1987, appellant signed a standard two-page Tahl (In re Tahl (1969) 1 Cal.3d 122 [ 81 Cal.Rptr. 577 , 460 P.2d 449 ]) form setting forth the…