People v. Miller
Opinion
Lead Opinion
Franson, J.
Appellant Patrick Disney Miller appeals the trial court’s denial of his motion to vacate his plea and modify his conviction from a felony to a misdemeanor. Miller was charged in an August 2004 complaint with unlawful possession of diazepam (Valium), as a felony under Health and Safety Code section 11350, subdivision (a) (section 11350(a)), 1 driving under the influence (DUI), as well as other offenses. Diazepam possession is at most a misdemeanor pursuant to section 11375. In early 2005, appellant pled no contest to the diazepam possession charge as a felony, as well as the misdemeanor DUI, and received three years of formal probation, which he successfully completed in early 2009. He raised no objection to his plea and conviction until April 2010, when he collaterally attacked his plea and *1453 conviction by filing the motion at issue. Although we agree there was error in charging and accepting the plea to diazepam possession as a felony, for reasons of public policy, we conclude appellant is estopped from vacating his plea and modifying his conviction by his consent to the plea agreement. We affirm the judgment.