Can a defendant withdraw a guilty plea under section 1018 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Clayton, A143353 (Cal. App. 2015):

Section 1018 permits the withdrawal of a guilty plea for good cause. A defendant moving to withdraw a plea must establish by clear and convincing evidence that the plea was entered as a result of mistake, ignorance, inadvertence, or was not entered freely and voluntarily. (People v. Hightower (1990) 224 Cal.App.3d 923, 928.) " '[T]he withdrawal of a plea of nolo contendere . . . is within the sound discretion of the trial court after due consideration of the factors necessary to bring about a just result.' " (Ibid.)

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