People v. West

Opinion

FEINBERG, J.

Appellant Theodore William West was charged by information with second degree burglary (Pen. Code, § 459) of Gene’s Sport Shop.

He pleaded guilty before Judge McGuire pursuant to a plea bargain whereby he would be allowed to withdraw his guilty plea “if the court cannot carry out the sentence within the limits negotiated,” i.e., “up to one year in the Marin jail, with a State Prison Sentence suspended, set at the middle term of two years.” Appellant appeared for sentencing before Judge Broderick, who found himself unable to sentence appellant according to the plea bargain…