P. v. Soriano
Defendant Richard Enrique Soriano pled guilty to possession of marijuana for sale (Health & Saf. Code, 11359) pursuant to a plea agreement, and a trial court sentenced him to the midterm of two years in state prison. At the time of the plea and sentence, defense counsel informed the court that defendant intended to bring a motion for return of his property that the police seized (the motion), and that defendant would waive his appearance at that hearing. Defense counsel subsequently brought the motion, and the court denied it. On appeal, defendant argues that the court improperly denied the motion. The People correctly concede. Court reverse.
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