People v. Calloway

Opinion

THE COURT.*

Defendant appeals from a judgment sentencing him to state prison after his probation was revoked upon his admission of a violation of probation conditions. He also seeks relief from this judgment by writ of habeas corpus. In both actions relief is sought on the ground that defendant’s prison sentence contravened a plea bargain expressly precluding such a disposition. The People concede that the plea bargain was so violated and that the judgment must therefore be reversed. Accordingly, the only matter in dispute is the nature of the relief to which defendant is entitled.…