Docket No. S028225.

6 Cal.4th 367 (1993)

862 P.2d 739

24 Cal. Rptr.2d 739

THE PEOPLE, Plaintiff and Respondent, v. GREGORY McCLELLAN, Defendant and Appellant.

Supreme Court of California.

December 2, 1993.

Attorney(s) appearing for the Case


Florence V. Hoffman, under appointment by the Supreme Court, and Thomas W. Condit, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, Edgar A. Kerry, Rosendo Pena, Jr., and Louis M. Vasquez, Deputy Attorneys General, for Plaintiff and Respondent.



This case presents a question closely related to the issue involved in In re Moser, ante, page 342 [24 Cal.Rptr.2d 723, 862 P.2d 723]. In Moser, a criminal defendant who, pursuant to a plea agreement, pleaded guilty to second degree murder, sought to have his conviction set aside...

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