Can a defendant withdraw a no contest plea under section 1192.5 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Gallegos, C080969 (Cal. App. 2016):

4. Defendant mentions he was not advised of his right to withdraw his no contest pleas under section 1192.5 if the trial court subsequently disapproved of the plea agreement. However, because the trial court acted in accordance with the terms of the agreement (i.e., did not change the bargain), the provisions of section 1192.5 that permit a defendant to withdraw his or her plea if the court withdraws approval of the agreement were not implicated. (See People v. Masloski (2001) 25 Cal.4th 1212, 1223-1224; Vargas, supra, 223 Cal.App.3d at p. 1113.)

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