Sanchez

Appellant Sanchez

On August 5, 1985, information No. 209002 was filed in the Stanislaus County Superior Court charging appellant Sanchez with a violation of section 11352 of the California Health and Safety Code, the sale of heroin on or about July 5, 1985.

On that date, Sanchez withdrew his plea of not guilty and entered a plea of guilty to two counts of violation of section 11352 which had been separately charged in superior court case No. 208979. The negotiated plea contemplated appellant Sanchez enter a plea of guilty to count I in the case then undergoing preliminary examination, No. 208979, and the People would move to dismiss count II. Appellant Sanchez would also enter a plea of guilty to the section 11352 violation alleged in information No. 209002 in exchange for a recommendation from the prosecution that punishment for the two counts run concurrently. Additionally, there was apparently a third case, as yet unfiled, which the prosecution agreed to dismiss after entry of the above-stated guilty piea. Appellant Sanchez was then advised of his rights as to both cases and entered his pleas of guilty. The cases were then certified to superior court.

On September…