Can a defendant withdraw a guilty plea based on alleged coercion for abuse of discretion?

California, United States of America


The following excerpt is from People v. Flores, E069718 (Cal. App. 2019):

This court reviews a trial court's decision refusing to allow a defendant to withdraw a guilty plea based on alleged coercion for abuse of discretion. (People v. Sandoval (2006) 140 Cal.App.4th 111, 123 (Sandoval).) "'"The burden is on the defendant to present clear and convincing evidence the ends of justice would be subserved by permitting a change of plea to not guilty." [Citation.]' [] "'When a defendant is represented by counsel, the grant or denial of an application to withdraw a plea is purely within the discretion of the trial court after consideration of all factors necessary to bring about a just result. [Citations.] On appeal, the trial court's decision will be upheld unless there is a clear showing of abuse of discretion. [Citations.]" [Citation.] "Guilty pleas resulting from a bargain should not be set aside lightly and finality of proceedings should be encouraged." [Citation.]'" (Ibid.)

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