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PEOPLE v. BORJA

Docket No. 20530.

110 Cal.App.3d 378 (1980)

167 Cal. Rptr. 813

THE PEOPLE, Plaintiff and Respondent, v. CAYETANO CAPARAS BORJA, Defendant and Appellant.

Court of Appeals of California, First District, Division Two.

September 18, 1980.

Attorney(s) appearing for the Case

COUNSEL

Joe R. McCray, Anthony Mischel and Anthony L. Head for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Robert R. Granucci and Martin S. Kaye, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ROUSE, Acting P.J.

This appeal involves the question whether a defendant who has pleaded guilty to one or more felony charges, served a prison term therefor and successfully completed parole, may then have the guilty plea withdrawn and the charges dismissed pursuant to section 1203.4 of the Penal Code. We have concluded that he may not.

Defendant pleaded guilty to second degree murder and assaulting a peace officer...

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