What is the test for withdrawing from a Plea Agreement where a defendant is charged with possession of a firearm?

significant part, all such offenses must be prosecuted in a single proceeding unless joinder is prohibited or severance permitted for good cause." (Kellett v. Superior Court (1966) 63 Cal.2d 822, 827.) Failure to join all such offenses in a single proceeding will result in a bar to subsequent prosecution of the omitted offense if the earlier proceeding resulted in either acquittal or conviction and sentence. Thus, if defendant's conduct on October 12, 2011, could also have resulted in a charge for simple possession ( 11377), the People were required to charge him with possession in the original complaint. They cannot piecemeal their prosecution.

In sum, defendant's conviction for transportation must be struck and the related sentencing enhancements vacated. (See People v. Collins (1978) 21 Cal.3d 208, 214 (Collins) ["A conviction cannot stand on appeal when it rests upon conduct that is no longer sanctioned."].)

2.0 The People Are Not Entitled to Withdraw From the Plea Agreement