State v. Soto

OPINION

JACOBSON, Judge.

The sole issue in this appeal is whether a guilty plea based on a plea agreement which provides that the defendant may withdraw his plea of guilty if “prison time” is imposed is rendered involuntary by a sentence of probation when a condition of that probation requires that the defendant spend more time in the county jail than he would if he were sent to prison.

The facts are not in dispute. On August 23, 1979, the defendant, Joe Espinosa Soto, was charged with driving while under the influence of intoxicating liquor while his driver’s license was suspended, a class 6…