Tabucchi

Statement of the Case

Appellant and his wife, Lynda Tabucchi, were charged in the County of Stanislaus of the crimes of count I, violation of Penal Code section 182 (conspiracy); count II, violation of Health and Safety Code section 11379 (transportation and sale of a controlled substance—phency clin dine); count III, violation of Health and Safety Code section 11359 (possession of marijuana for sale); count IV, violation of Health and Safety Code section 11378 (possession of a controlled substance—phencyclindine— for sale); and count V, violation of Health and Safety Code section 11377 (possession of a controlled substance—barbiturates).

A preliminary hearing was held in the Municipal Court of the Modesto Judicial District, County of Stanislaus, and both defendants were held to answer.

At arraignment in the superior court appellant and his wife entered pleas of not guilty to all counts. Their motion to consolidate their cases for trial was granted.

Thereafter, pursuant to a plea bargain with the People, appellant moved to withdraw his former pleas of not guilty and to enter a new and different plea. After being advised of his rights, including the fact that he was…