Scheller

Defendant was convicted of possession of methamphetamine for sale (Health & Saf. Code, § 11378), unlawful possession of a firearm (Pen. Code, § 12021, subd. (c)(1)) and unlawful possession of ammunition (Pen. Code, § 12316, subd. (b)). She contends the trial court erred by allowing the prosecution to introduce her statements to a probation officer.

We decline to decide whether such statements are admissible as a general rule. We will hold, however, that defendant’s statements were inadmissible as substantive evidence of guilt because defendant made the statements in reliance on a plea bargain, and because she was later allowed to withdraw her guilty plea. This error requires us to reverse defendant’s conviction of unlawful possession of a firearm, but not on the other two counts.

I

FACTUAL BACKGROUND

In a consent search of the defendant’s hotel room, the police found eight separate containers of methamphetamine, totaling (with packaging) 6.5 grams. They also found two gram scales, almost $2,800 in cash, and a glass methamphetamine pipe. In a tray on a dresser, they found a second glass methamphetamine pipe, two walkie-talkies, one .45-caliber bullet, three…