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PEOPLE v. WEST

Docket No. 19774.

107 Cal.App.3d 987 (1980)

165 Cal. Rptr. 24

THE PEOPLE, Plaintiff and Respondent, v. THEODORE WILLIAM WEST, Defendant and Appellant.

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

May 27, 1980.

Attorney(s) appearing for the Case

COUNSEL

George L. Schraer, under appointment by the Court of Appeal, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, John T. Murphy and Eugene W. Kaster, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

FEINBERG, J.

Appellant Theodore William West was charged by information with second degree burglary (Pen. Code, § 459) of Gene's Sport Shop.

He pleaded guilty before Judge McGuire pursuant to a plea bargain whereby he would be allowed to withdraw his guilty plea "if the court cannot carry out the sentence within the limits negotiated," i.e., "up to one year in the Marin jail, with a State Prison Sentence suspended...

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