P. v. DeJongh
Pursuant to a plea bargain negotiated by counsel, defendants Jennifer DeJongh and George DeJongh pled nolo contendere to several counts of child custody deprivation. (§ 278.5, subd. (a).)[1] The trial court, as part of the plea bargain, issued a certificate of probable cause to permit defendants to appeal its denial of their common law motion to dismiss. In this appeal, defendants attempt to pursue that contention. We do not reach its merits because we conclude that the contention does not survive their pleas. Because defendants’ pleas were, in part, based upon the trial court’s illusory promise that they could prosecute this appeal, we reverse the judgments and remand the case to the trial court to permit defendants to withdraw their pleas.
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