At the time of defendant's plea of guilty, the court made a clear and unequivocal promise that defendant would be sentenced to time served, without probation, adding that should the probation report prevent fulfillment of the promise, the plea might be withdrawn. On the day of sentence, the court found the report unsatisfactory, and sentenced as above stated, without mentioning the alternative branch of the promise, withdrawal of the plea. Nor did defendant nor counsel say...
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