PEOPLE v. SPEARS

Docket No. 6494.

153 Cal.App.3d 79 (1984)

199 Cal. Rptr. 922

THE PEOPLE, Plaintiff and Respondent, v. JIMMY TOM SPEARS et al., Defendants and Appellants.

Court of Appeals of California, Fifth District.

March 15, 1984.


Attorney(s) appearing for the Case

COUNSEL

Heusdens & Gong, James Heusdens and Daniel A. Bacon for Defendants and Appellants.

John K. Van de Kamp, Attorney General, Eddie T. Keller, and Janice Rogers Brown, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

WOOLPERT, J.

In this case we consider the right of two defendants to withdraw guilty pleas taken under conditions suggesting to them probation was "likely." In fact, the nature of the offense was such that probation was a disfavored option (the "unusual case" category), and they were not so advised when their pleas were taken.

On January 19, 1982, an information filed in the Tulare County Superior Court charged defendants...

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