P. v. Jacobs
Defendant Sarah Marie Jacobs pled guilty to one count of selling marijuana (Health & Saf. Code, § 11360, subd. (a)) and one count of possession of marijuana for sale (id., § 11359). She was sentenced to five years’ probation and ordered to serve four months in the county jail in accordance with her plea. Defendant contends and respondent concedes that she must be allowed to withdraw her plea as unenforceable; it was conditioned upon her preserving the right to appeal a pretrial ruling by the trial court. We find defendant’s plea was induced by an unenforceable promise and, therefore, she is entitled to withdraw her plea.
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