Can a defendant withdraw from his plea agreement after judgment has been entered?
California, United States of America
The following excerpt is from People v. Townsend, C090050 (Cal. App. 2020):
Penal Code section 1018 does not permit a defendant to withdraw from his plea agreement after judgment is entered. (Id.; see People v. Gari (2011) 199 Cal.App.4th 510, 521-522.) Here, defendant sought to withdraw from his plea, long after judgment was entered. Thus, regardless of any factual argument he may have made to the trial court, the court was without authority to grant his motion.
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