In Re Sutherland

Opinion

MOSK, J.

We issued an order to show cause in this case for the purpose of determining whether a plea of guilty entered by petitioner Montie Paul Sutherland to a charge of possessing heroin (Health & Saf. Code, § 11500) was properly received under the standards set forth in Boykin v. Alabama (1969) 395 U.S. 238 [23 L.Ed.2d 274, 89 S.Ct. 1309], In re Tahl (1969) 1 Cal.3d 122 [81 Cal.Rptr. 577, 460 P.2d 449], and People v. Rizer (1971) 5 Cal.3d 35 [95 Cal.Rptr. 23, 484 P.2d 1367]. We conclude that the plea is invalid because petitioner was not informed of two of the three constitutional…