P. v. Freeman
Defendant Jay Dee Freeman appeals a judgment entered after he pleaded guilty to one count of receiving stolen property (Pen. Code, 496, subd. (a)),[1] and admitted a prior prison term allegation ( 667.5, subd. (c)). The trial court suspended imposition of sentence, and placed defendant on four years probation with various terms and conditions, including that he complete the residential treatment program at City Team Program. Defendant filed a timely notice of appeal and the trial court granted defendants request for a certificate of probable cause.
After independently reviewing the entire record and the supplemental brief filed by defendant, we asked counsel for further briefing on the following issues: (1) Was defendant entitled to the benefit of the plea bargain, including three years probation, despite not being accepted in Delancey Street? Or, was acceptance into the Delancey Street program a condition precedent to the plea bargain? (2) If, not, did the court err in not providing the defendant an opportunity to withdraw his plea to imposing a probation order which did not comport with the plea bargain? (3) Was defendants proposal to complete City Team as a condition of probation an implied waiver of his right to withdraw his plea?
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