People v. Brown

Opinion

AGLIANO, Acting P. J.

In this appeal defendant contends he was denied the assistance of counsel in his attempt to withdraw a previously entered plea of nolo contendere. 1

We find defendant’s contention to have merit and remand for further proceedings including proper consideration of defendant’s motion to withdraw his plea.

Factual Background

On March 7, 1985, defendant entered pleas of nolo contendere to counts I and VI of an information, each charging a violation of Penal Code section 288, subdivision (b) in that defendant committed lewd and lascivious acts upon a child under the age of…