(DOWNLOAD) "People V. Superior Court" by Supreme Court Of California " Book PDF Kindle ePub Free
eBook details
- Title: People V. Superior Court
- Author : Supreme Court Of California
- Release Date : January 25, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
On application of the People we issued our writ mandating the respondent superior court to set aside, or in the alternative to show cause why it should not set aside, an order granting a motion of Jose R. Giron, the real party in interest herein, to withdraw his plea of guilty and enter a plea of not guilty to a violation of Health and Safety Code section 11530 (now § 11357, possession of marijuana). Pursuant to stipulation the offense was deemed to be a misdemeanor.*fn1 The principal issue raised is whether, in the circumstances of this case, the trial court was vested with discretion and, if so, whether it abused such discretion in granting the motion. We conclude that the court had such discretion which it properly exercised and accordingly, discharge the alternative writ and deny the petition.