P. v. Garrelts
Filed 5/30/06 P. v. Garrelts CA1/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION ONE
THE PEOPLE, Plaintiff and Respondent, v. JAMES GARRELTS, Defendant and Appellant. | A111074 (San Francisco County Super. Ct. No. 195679) |
Following denial of his Penal Code section 995 motion to dismiss the information, defendant entered a negotiated guilty plea to second degree burglary (Pen. Code, § 459).[1] He was sentenced to three years in state prison, with execution of the sentence suspended, and was placed on probation for three years upon the condition, among others, that he serve nine months in county jail. In this appeal he asks to withdraw his plea based upon misinformation given to him by the trial court and defense counsel on the right to appeal the denial of the section 995 motion. We agree, as does the Attorney General, that defendant must be given the opportunity to withdraw his plea, and therefore reverse the judgment.
STATEMENT OF FACTS[2]
Defendant was first charged by complaint with first degree burglary (§ 459) on April 19, 2005. At a preliminary hearing held on May 3, 2005, the victim of the offense, Hava Giller, failed to identify defendant as the man who made unauthorized entry into her apartment, although she described the burglar in court, and evidence was presented that she made an â€
