D'Agostino

J.Defendant appeals from the judgment entered against him following his plea of guilty to the crime of conspiracy to violate section 337a of the Penal Code (bookmaking). Appellant’s basic assignment of error is that the trial court abused its discretion in refusing to allow him to withdraw his plea of guilty after he had learned on the date originally scheduled for his probation and sentence hearing that he would be imprisoned for his offense.

Appellant and some six other codefendants were charged jointly in a six-count information with five violations of section 337a of the Penal Code, subdivisions 1, 2, 3, 4 and 6, and *329 one count of conspiracy to violate said section. It appears that all defendants were represented by Mr. Joe Forno, an experienced trial counsel. Initially, all defendants made motions under section 995 of the Penal Code.

However, on the date set for the hearing of these motions before Judge H. Burton Noble, four of the defendants withdrew their motions and changed their pleas to guilty. Appellant and one other defendant were transferred to the court of Judge William E. Fox. Subsequently, the prosecution “conceded” that the 995 motion by the remaining…