P.

P. v. Fields CA1/1

Good Law
Court of Appeal of CaliforniaMay 7, 2013A136121California933 words

Opinion

Opinion

Banke, J.

BACKGROUND

On December 14, 2006, defendant executed a written waiver of rights form, which included waiver of his right to appeal from his conviction and entry of judgment on his plea of no contest to the sale marijuana in violation of Health and Safety Code

1 section 11360, subdivision (a). He was also advised in open court as to the terms and conditions of the negotiated disposition, which included five years felony probation, on numerous terms and conditions. Defendant was advised that if he violated the terms and conditions of his probation, probation could be revoked and he could be sentenced for up to seven years in state prison. After full admonishment and advisement, the trial court accepted defendant’s no contest plea to a violation of Health and Safety Code section 11360, subdivision (a), and admitted an out-on-bail clause pursuant to Penal Code section 12022.1 and a prior felony prison term (for violation of Health & Saf. Code, § 11350, subd. (a)) pursuant to Penal Code section 667.5, subdivision (a). The prosecution, in turn, moved to dismiss two additional counts, one of which also included a bail clause, to strike another prison prior, and to dismiss another matter…

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