People v. Superior Court (Giron)

Opinion

WRIGHT, C. J.

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. The principal issue raised is whether, in the circumstances of this case, the trial court was vested with…