People v. Enriquez

Defendant appeals from an order denying his motion to change his guilty pleas to not guilty. The basic question is whether, under rules established in In re Estrada, 63 Cal.2d 740 [48 Cal.Rptr. 172, 408 P.2d 948], and In re Kirk, 63 Cal.2d 761 [48 Cal.Rptr. 186, 408 P.2d 962], defendant is entitled to the benefit of an amendment to section 476a of the Penal Code adopted and effective before his conviction became final. There can be no doubt that the amended statute is applicable to defendant and that he is entitled to some form of relief.

Before the Estrada point is discussed, however, a…