Can a defendant withdraw a plea to a lesser charge of possession of an illegal substance?

California, United States of America


The following excerpt is from People v. K.O. (In re K.O.), A147112 (Cal. App. 2016):

Even though K.O. appeals the validity of the plea bargain, he still contemplates that he may wish to keep the bargain after being fully informed, by counsel, of the consequences of the withdrawing the plea. K.O. is entitled to preserve the plea bargain if he so chooses despite the fact that he has successfully argued to this court that the plea is invalid. A guilty plea to a lesser offense that is reasonably related to one of a defendant's charged offenses would create an enforceable plea bargain. (People v. West (1970) 3 Cal.3d 595, 612-613.) Here, the Penal Code section 29820 violation is reasonably related to the other two possession offenses with which K.O. was charged.

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