Rivera

—Defendant, Jose Rivera, was convicted by the trial court of one count of possessing marijuana for sale. (Health & Saf. Code, § 11359.) He was placed on three years probation on condition, among others, that he spend the first 90 days in county jail. Execution of the jail sentence was stayed pending appeal.

Defendant contends that the trial court erred in allowing him to withdraw his plea of nolo contendere. We affirm the judgment.

Procedural Background

Defendant initially pled not guilty to the charge against him. He personally withdrew that plea and entered a plea of nolo contendere. He then moved to withdraw his plea of nolo contendere. The trial court granted that motion and the case proceeded to trial without jury.

At the time defendant entered the nolo contendere plea, the court promised to place defendant on felony probation with the understanding that he might not have to serve any jail time. After entering his plea, however, defendant told his probation officer that he was not guilty of the charge and wanted to withdraw the plea and go to trial. He also told the probation officer that his attorney would not listen to him and that he had pleaded nolo…