STUART v. SUPERIOR COURT

Docket No. 46994.

94 Cal.App.3d 182 (1979)

156 Cal. Rptr. 289

BYRON McGRAY STUART, Petitioner, v. THE SUPERIOR COURT OF HUMBOLDT COUNTY, Respondent, THE PEOPLE, Real Party in Interest.

Court of Appeals of California, First District, Division Three.

June 18, 1979.


Attorney(s) appearing for the Case

COUNSEL

William C. Connell, Public Defender, and Steven C. Weiss, Deputy Public Defender, for Petitioner.

No appearance for Respondent.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, William D. Stein and Herbert F. Wilkinson, Deputy Attorneys General, for Real Party in Interest.


OPINION

WHITE, P.J.

Petitioner challenges two Humboldt County Superior Court orders. The first revoked a stay of execution of his sentence for violation of Health and Safety Code section 11350. The second denied his motion to reinstate the stay or to permit him to withdraw his plea of guilty.

One condition bargained for by petitioner when he entered his plea of guilty, and accepted by the trial court at sentencing, was that...

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