Kraus

This is an appeal from an order of the superior court denying a defendant’s motion to set aside a conviction based upon a plea of guilty to two counts of violating Penal Code section 288a.

By way of background to the discussion of the procedural issues, some mention of the defendant and his offenses is appropriate. Defendant was, at the time of the offenses, a financially successful businessman 30 years of age. His father was a psychiatrist practicing in Massachusetts. Defendant’s own description of his offenses (and another uncharged occurrence) appears in a letter which he wrote to the probation officer who made the pre-sentence investigation:

In order to explain what is before this court for review, it is necessary first to detail the procedural history of the case.

On October 9, 1973, an information was filed charging defendant with the following offenses: count I, assault with a deadly weapon (Pen. Code, § 245, subd. (a)), using a firearm within the meaning of Penal Code section 12022.5; count II, oral copulation (Pen. Code, § 288a) while armed within the meaning of Penal Code section 12022; count III, attempted robbery (Pen. Code, §§ 664, 211) using a firearm;…