P. v. Foster
Chad David Foster appeals an order revoking and reinstating probation in a misdemeanor case (case no. 2010001681) after appellant entered into a negotiated plea in case number 2012021654 to felony possession for sale of more than 14.25 grams of heroin (Health & Saf. Code, § 11351; Pen. Code, § 1203.07, subd. (a)(1)) and was sentenced to felony jail (Pen. Code, § 1170, subd. (h)).[1] Appellant argues, and the Attorney General agrees, that the plea agreement requires that probation be terminated in the misdemeanor case (case number 2010001681). We reverse and remand to permit appellant to withdraw his guilty plea if he so desires. (§ 1192.5; People v. Johnson (1974) 10 Cal.3d 868, 873.) In the event appellant elects not to withdraw his guilty plea, the trial court is directed to impose a mandatory $40 court security fee (§ 1465.8, subd. (a)(1) and a $30 criminal conviction assessment. (Gov. Code, § 70373.)
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