P. v. Fox
James Joseph Fox entered negotiated guilty pleas to selling a controlled substance (Health & Saf. Code,[1] 11352, subd. (a)) and possessing a controlled substance for sale ( 11351). He admitted a prior conviction of possessing a controlled substance for sale. ( 11378, 11370.2, subd. (a).) After Fox entered the guilty pleas, he retained private counsel and the court relieved appointed counsel. Fox moved to withdraw the guilty pleas. The court held a hearing and denied the motion. It sentenced Fox to prison for the four-year middle term for selling a controlled substance, stayed sentence for possessing a controlled substance for sale (Pen. Code, 654), and struck the prior drug conviction enhancement. The court issued a certificate of probable cause. (Cal. Rules of Court, rule 8.304(b).)
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