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California Court of Appeal


People v. Miller, F061552

On a collateral attack of a plea to felony possession of diazepam and conviction, brought after the appellant had served the full term of his probation, the judgment of conviction is affirmed, where: 1) there was error in charging and accepting the plea to diazepam possession as a felony, when by statute it is at most a misdemeanor; but 2) for reasons of public policy, the appellant was estopped from having his plea vacated and his conviction modified by his consent to the plea agreement.

Appellate Information

  • Decided 01/27/2012
  • Published 01/27/2012

Judges

  • Franson

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Cron, Israels and Stark, Julie A. Hokans

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