Venuto v. Owens-Corning Fiberglas Corp‪.‬

Defendant Francisco Serrano Barajas appeals from a judgment of conviction sentencing him to prison. He was originally charged with one count of possessing narcotics (Health & Saf. Code, § 11500) and one count of possessing restricted dangerous drugs (Health & Saf. Code, § 11910). After denial of his motion to suppress evidence obtained under a search warrant, he entered a plea of guilty to possessing narcotics pursuant to a plea bargain in which the prosecution agreed to (1) dismiss the dangerous drug charge, and (2) remain silent at the time of sentencing. The first part of the bargain was kept, and the dangerous drug charge was dismissed; the prosecution violated its promise to remain silent at the time of sentencing.