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PEOPLE v. D'AGOSTINO

Docket No. 10180.

238 Cal.App.2d 328 (1965)

47 Cal. Rptr. 753

THE PEOPLE, Plaintiff and Respondent, v. JOSEPH D'AGOSTINO, Defendant and Appellant.

Court of Appeals of California, Second District, Division Two.

November 23, 1965.

Attorney(s) appearing for the Case

Burton Marks for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and George J. Roth, Deputy Attorney General, for Plaintiff and Respondent.

HERNDON, J.

Defendant appeals from the judgment entered against him following his plea of guilty to the crime of conspiracy to violate section 337a of the Penal Code (bookmaking). [1] Appellant's basic assignment of error is that the trial court abused its discretion in refusing to allow him to withdraw his plea of guilty after he had learned on the date originally scheduled for his probation and sentence hearing that he would be imprisoned for his offense...

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