Anderson

This is a People’s appeal pursuant to section 1506 of the Penal Code from an order vacating a 1968 conviction on habeas corpus and permitting the withdrawal of a guilty plea.

*520 Facts

In the summer and early fall of 1967, defendant 1 allegedly committed 10 felonies. Two separate informations were consolidated for trial. The only counts with which we are concerned are counts TV, V, VIII and IX of tihe consolidated information. Counts IV and V each charged kidnaping for the purpose of robbery. Each victim was alleged to have been subjected to bodily harm. Counts VIII and IX each charged armed robbery.

The case was called for trial on January 12, 1968. As a result of a plea bargain the allegation of bodily harm was. stricken from count V and defendant pleaded guilty to that count, as well as to count VIII. Sentence was imposed on February 5, 1968, when a prior robbery conviction was found to be true. All counts other than counts V and VIII were dismissed. No appeal was taken. On April 27, 1970, defendant filed a petition for a writ of habeas corpus in the Supreme Court. It disclosed that defendant had pleaded guilty “by reason of deal by district attorney and public…