People v. Fuller

Opinion

ROUSE, J.

Defendant Lynn Fuller appeals from an order denying his motion to set aside a guilty plea and a resulting conviction of assault with a deadly weapon (a knife), in violation of section 245, subdivision (a)(1), of the Penal Code. He also appeals from a subsequent order revoking his probation and sentencing him to state prison.

The record reveals that on May 27, 1981, defendant entered a negotiated plea of guilty to the charge of assault with a deadly weapon. On June 24, 1981, the trial court, after reviewing the probation report, ordered the imposition of sentence suspended and…