[DOWNLOAD] "People V. Pinon" by Second Appellate District, Division Five Court of Appeal of California ~ Book PDF Kindle ePub Free
eBook details
- Title: People V. Pinon
- Author : Second Appellate District, Division Five Court of Appeal of California
- Release Date : January 13, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Pursuant to a plea bargain, defendant pleaded guilty to one count of possession of a firearm by an ex-felon (Pen. Code, § 12021); a second count, possession of heroin (Health & Saf. Code, § 11350, subd. (a)), was dismissed in the interests of justice. Defendant was sentenced to state prison for a term of three years -- the "upper" term. He was given credit for 167 days of time served. This appeal is from the judgment of conviction. The notice of appeal states that the appeal is "based on grounds according [ sic ] after said entry of said plea which does not challenge the validity of the plea." No certificate of probable cause (Pen. Code, § 1237.5) was obtained. Despite the above disclaimer in defendant's notice of appeal, he now argues that the plea was invalid because the record does not reflect a factual basis for the plea and that his prior conviction was a misdemeanor, not a felony. In addition, he raises a number of claims of sentencing error.