In re Salomons

In this proceeding in habeas corpus petitioner seeks discharge from custody upon the grounds that his plea of guilty upon which he was sentenced was not voluntarily made but was secured from him by representations made to him by the investigating and arresting officers (the special investigators for the Board of Medical Examiners) that if he would plead guilty to one of the seven counts of the complaint no jail sentence would be imposed upon him.

*240 Petitioner was charged in seven counts with violations of certain sections of the Health and Safety Code and the Business and Professions Code. Upon being arraigned he pleaded not guilty and upon the cause being called for trial he, with leave of the court, withdrew his plea of not guilty and pleaded guilty to count IV of the complaint, a violation of section 2141 of the Business and Professions Code, and upon motion of the prosecution the remaining counts of the complaint were dismissed. He made an application for probation and thereafter proceedings were suspended and defendant placed on probation. Among the terms of the probation were that he serve 30 days in the city jail and pay a fine of $500. ■ The fine was paid and…