P. v. Huhn
On August 20, 2008, defendant Alvin Leroy Huhn pled no contest to driving under the influence with injury (Veh. Code, 23153, subd. (a)). He entered his plea with the understanding that he could receive a sentence of three years in state prison, but that sentencing would be continued for six months, during which he could enter a Salvation Army residential rehabilitation program, and if he completed the program, he could argue that his participation constituted unusual circumstances justifying probation. On January 28, 2009, defendant appeared in court with counsel who advised the trial court that defendant was not in good standing with the rehabilitation program, and that if the court did not intend to sentence defendant to a maximum of 16 months he wished to withdraw his plea and to exercise his rights under Marsden [People v. Marsden (1970) 2 Cal.3d 118].
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