Liang

Butch K. Liang and two others were charged with several felonies arising from their use of another person’s identity to fraudulently acquire merchandise. Before the preliminary hearing, the court offered to impose probationary sentences on all the defendants if they all pled guilty to all counts. The court stated the offer was available only that day, and only if all three defendants accepted it. All three agreed to do so. All three entered no contest pleas. The court continued the case for imposition of the indicated sentences.

Before the court imposed sentence, Liang’s two codefendants, who are not parties to this writ proceeding, successfully sought to set aside their pleas because they were aliens who had not been permitted to consult consular officials. The prosecution opposed the codefendants’ motion, but argued that if the court permitted the codefendants to withdraw their pleas, the court also should void Liang’s plea. Liang, however, objected to his plea being set aside. (§ 1018.) Over Liang’s objection, the court vacated his plea because the original offer was conditioned on all three defendants accepting it.

Liang then moved to dismiss the case against him,…