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MENDIETA v. MUNICIPAL COURT

Docket No. 22082.

109 Cal.App.3d 290 (1980)

168 Cal. Rptr. 1

MIKE MENDIETA, Plaintiff and Appellant, v. THE MUNICIPAL COURT FOR THE NORTH COUNTY JUDICIAL DISTRICT OF SAN DIEGO COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Respondent.

Court of Appeals of California, Fourth District, Division One.

August 18, 1980.

Attorney(s) appearing for the Case

COUNSEL

Thomas F. Gorman for Plaintiff and Appellant.

No appearance for Defendant and Respondent.

Edwin L. Miller, Jr., District Attorney, Peter C. Lehman and George J. DuBorg, Deputy District Attorneys, for Real Party in Interest and Respondent.

OPINION

THE COURT.*

Mike Mendieta pleaded guilty in the municipal court to disturbing of the peace and petty theft (Pen. Code, §§ 415, 484, 488). After sentence he moved to set aside his plea on the ground his attorney had advised him no jail time would be imposed, but the court granted probation conditioned on 90 days in the county jail. After denial of his motion to set aside the plea, defendant...

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