Osorio

Jeremias Osorio contends on this appeal that he received ineffective representation in the trial court because his counsel refused to file a motion to withdraw his guilty plea. We agree with Osorio; we will remand the case for the limited purpose of permitting such a motion, together with appropriate proceedings if the motion is granted.

Facts

Osorio was charged in an information with four violations of the Health and Safety Code. Counts I and II alleged transportation, sale or furnishing of heroin and cocaine, respectively. (Health & Saf. Code, § 11352.) Counts III and IV alleged possession of the two substances for sale. (Health & Saf. Code, § 11351.) The probation officer’s report, apparently based on police reports, alleged that Osorio and a companion negotiated with undercover officers for the sale of heroin. When they were arrested, Osorio’s car was searched and 21.4 grams of heroin were found in the car. Police found 68.2 grams of cocaine hidden in the bar where the negotiations took place.

Osorio entered a guilty plea to count I (sale or transporting of heroin) in return for dismissal of the remaining charges. At sentencing the court reviewed the probation…