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Name: People v. Noceloti
Case #: B236738
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 11/20/2012

A defendant's misunderstanding of a term in a negotiation plea agreement, based on the erroneous advice of his attorney, will not invalidate a plea, absent a showing of corroboration by a responsible state officer. Appellant pled no contest to kidnapping in exchange for an agreement that he would be evaluated pursuant to Penal Code section 1203.03 and would receive a probationary sentence if the report was favorable. Otherwise, he would be sentenced to state prison for the middle term. The subsequent diagnostic study included a recommendation for probation by two clinical psychologists, a recommendation for prison by two correctional counselors,…

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