Gordon

Pursuant to a negotiated disposition Dana Patrick Gordon was convicted by plea of three counts of forgery (Pen. Code, § 470) and remaining counts were to be dismissed at the time of sentence. Represented by counsel, he entered these pleas before a magistrate. (Pen. Code, § 859a, subd. (a).) The “Felony Disposition Statement” recited: “District Attorney’s position on sentence: The defendant should be placed on probation and not now be committed to state prison.” It also recited that as a result of *1525 the pleas, appellant could be sentenced to state prison or committed to the youth authority for a term not to exceed four years and four months. At the time of sentencing in superior court, he was committed to the California Youth Authority for an aggregate term not to exceed three years four months.

He appeals, contending: “I. Appellant should have been allowed the opportunity to withdraw his guilty plea in light of the fact that he did not receive the benefit of his bargain. II. Appellant’s commitment to the custody of the Youth Authority as a youthful offender was invalid, absent appellant’s consent.” These contentions are without merit and we affirm.

At the April 10,…