Ham

Defendant Jack Eugene Ham appeals from a judgment revoking his probation and sentencing him to prison.

Facts

In 1970, defendant was charged, in a three-count information, with possession of LSD (count I), a felony, and two misdemeanors, being under the influence of narcotics (count II) and resisting a police officer (count III).

On March 15, 1971, defendant appeared in court to plead guilty. Part of the colloquy between the prosecutor and defendant which preceded his plea was as follows:

“[Prosecutor]: Mr. Ham, as charged the violation of Section 11910 is a felony. Earlier today at your counsel’s request there was a conference in chambers concerning this case. Some facts concerning the case and some facts concerning your background were made known to the judge. The judge indicated that he would be inclined to make this a misdemeanor by sentence. What that means is that the maximum time possible that you could spend in custody is one year in the county jail. The Court besides saying it would make this a misdemeanor made no other promises or representations. It is possible for you to serve up to one year in the county jail or any time less. It is possible you might be…