the voluntariness of the plea. The defendant testified that he was thirty-two years old and understood English; that he understood that he had certain constitutional rights, including trial by jury, the right to confront the witnesses against him, the right not to incriminate himself, and the right to testify in his own behalf; that he understood that the charge of possession, and that the two priors had been dismissed; that the statutory punishment for his crime was from five years to life, with no parole until after serving three years; that regardless of any conversations between defendant and his attorney, the actual sentence was in the court's discretion; and that no threats or promises had been made to him. The court then asked defendant to state in hislast time. Sentence was imposed on January 5, 1970.
On March 9, 1970 a hearing was held on defendant's motion to set aside the judgment. An interpreter was again used, and the defendant and four witnesses sought to establish that the plea of guilty should not have been accepted by the court. Defendant admitted receiving two letters from his attorney. They are in the record. The first one, dated November 4, 1969 reported to defendant that counsel had obtained an offer to dismiss one charge and the priors, in return for a plea of guilty on the charge of selling marijuana. The second letter, dated December 15, 1969, stated that the deal was a good one, that it would be followed by a mitigation hearing, and that defendant should