People v. Victorian

Opinion

WHITE, P. J.

Following the denial of his motion to withdraw a guilty plea and imposition of sentence, defendant David Victorian appeals from the judgment. For the reasons stated below we reverse the judgment.

Procedural Background

Defendant was charged by complaint with one count of being an ex-felon with possession of a firearm. (Pen. Code, 1 § 12021, subd. (a).) The complaint also alleged four prior felony convictions whereby defendant had served time in state prison.

Pursuant to a negotiated plea agreement, defendant pleaded guilty to the substantive offense. The district attorney and…