People v. Smith

Opinion

CHRISTIAN, J.

The People appeal from an order admitting Michael Ray Smith to probation. Respondent had been charged by information with assault by means of force likely to produce great bodily injury (Pen. Code, § 245). Respondent at first pleaded not guilty. During pretrial proceedings, the court granted respondent’s motion to withdraw his former plea of not guilty and, over the objection of the prosecutor, permitted him to plead guilty to violation of Penal Code section 242 (battery). The prosecutor objected on the basis that it was improper for the court in effect to negotiate its…