Zamora

Statement of the Case

Defendant was charged with possession of cocaine for sale (Health & Saf. Code, § 11351) in three separate informations based on three searches of his house. These searches occurred on February 5, 1988 (case No. 8052), May 11, 1988 (case No. 8100), and February 21, 1989 (case No. 8532). Two of the informations, Nos. 8052 and 8532, also charged defendant with committing a crime after being released on bail. (Pen. Code, § 12022.1.)

On April 13, 1989, defendant pled guilty to possession of cocaine (Health & Saf. Code, § 11350) in case No. 8052, and guilty to possession of cocaine for sale in case No. 8100. The plea was conditioned on defendant receiving a prison term of no more than four years, eight months. However, on July 6, 1989, defendant moved to withdraw his guilty pleas. The court granted this request.

Shortly thereafter defendant again entered guilty pleas. He pled guilty in case No. 8532 to possession of cocaine for sale and in case No. 8052 to possession of cocaine. Case No. 8100 was to be dismissed. The parties stipulated to there being a factual basis for the pleas.

Defendant was sentenced to the aggravated term of four years in state…