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

California, United States of America


The following excerpt is from The People v. Fleming, E048128, No. FVI800945 (Cal. App. 2010):

Defendant has not shown good cause to allow withdrawal of his guilty plea. While section 1018 is to be liberally construed, and a plea of guilty may be withdrawn for mistake, ignorance, inadvertence, or any other factor overreaching defendant's free and clear judgment, defendant has not established by clear and convincing evidence the facts upon which such ground for withdrawal exist. (People v. Shaw (1998) 64 Cal.App.4th 492, 496.) "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.]" (Ibid.)

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