![]() ![]() If someone had no prior narcotics convictions, a violation of § 11557 was either punishable as a felony or misdemeanor. ![]() N 1968, when West was arrested, Health and Safety Code § 11530 was a felony punishable, in the absence of any prior narcotic conviction, by imprisonment from one to ten years. The marijuana was found in his car.Īfter his motion to suppress the evidence was denied, he entered into a plea bargain to a violation of Health and Safety Code § 11557, “opening or maintaining a place for the selling, giving away or using of any narcotic.” West was charged with the possession of marijuana, a violation of Health and Safety Code § 11530. West was a California Supreme Court ruling back in 1970 (3 Cal.3d 595) wherein the issue was the legal status of a plea bargain. West is a plea entered into without admitting the factual truth of the allegations against defendant, but is entered into for practical purposes to avoid more punishment if one is found guilty at trial. The Gist of this Article: A plea entered pursuant to People v. ![]() ![]() West.” What exactly does this mean? Is it good? Does this somehow protect the client? If one spends time in court for a few hours, especially during the morning hours when pleas are entered, one will probably hear an attorney say that the plea is entered “pursuant to People v. ![]()
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