Cummins v. Superior Court
More than three months after Robert Steven Cummins pleaded guilty and was sentenced to a drug treatment program, the district attorney filed an amended complaint alleging two strikes and also filed a motion to vacate the guilty plea on the basis that the strikes made Cummins ineligible for the drug treatment program. The court granted the motion. Cummins contends the district attorney lacked authority to amend the complaint after sentencing, and the court erred when it vacated his guilty plea. Court agree and the petition is granted.
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