Morrison

In 1974, appellant was charged, in count I, with a violation of Penal Code section 288 (lewd and lascivious act upon a child under 14); in count II, with a violation of Penal Code section 288a (oral copulation with a child under 14 and more than 10 years younger than appellant); and in count III with a violation of Penal Code section 136-1/2 (dissuading a witness by means of a bribe). Thereafter, appellant entered a guilty plea to the charge of oral copulation in count II, but with the remaining allegations of that count stricken and counts I and III dismissed, all as a part of a plea bargain. On May 16, 1975, imposition of sentence was suspended and he was placed on formal probation for three years on various conditions, including a condition that he spend 90 days in the county jail.

January 1, 1976, Penal Code section 288a was amended so that simple oral copulation, unless committed by force, or while in prison, or with a minor, was no longer prohibited.

May 3, 1978, People v. Collins (1978) 21 Cal.3d 208 [ 145 Cal.Rptr. 686 , 577 P.2d 1026 ], provided that where a prior plea bargain involving Penal Code section 288a had been entered into and the judgment was not…