P. v. Saechao
In September 2004, appellant Kao Kuang Saechao pled no contest to possession of a firearm by a felon (Pen. Code, 12021, subd. (a)(1)) and battery on a spouse (Pen. Code, 243, subd. (e)(1)), and admitted an allegation that he had served a prison term for a prior felony conviction (Pen. Code, 667.5, subd. (b)). In November 2004, the court imposed a prison term of four years, consisting of the three-year upper term on the firearm possession offense and one year on the prior prison term enhancement; suspended execution of sentence; and placed appellant on five years probation. In February 2006, appellants appointed attorney indicated to the court that appellant wished to withdraw his 2004 plea. Later in that proceeding, the court revoked appellants probation and appointed another attorney to represent appellant for the limited purpose of determining whether a legal basis existed for the withdrawal of the plea. In June 2006, the newly appointed attorney reported to the court that no such basis existed, at which point the court found appellant to be in violation of probation and imposed the previously suspended prison term. Court reverse and remand for further proceedings.
Comments on P. v. Saechao