Can a defendant withdraw his guilty plea after judgment has been entered?

California, United States of America


The following excerpt is from People v. Burnett, E066643 (Cal. App. 2017):

Defendant did not make a motion to withdraw his guilty plea before entry of judgment. Defendant therefore cannot withdraw his plea after judgment has been entered; the judgment must first be vacated and the record does not support vacating judgment. Defendant was represented by counsel throughout the proceedings. Before entering his plea, defendant was advised of the constitutional rights he would be waiving and acknowledged that he waived those rights. Defendant was also advised of the direct consequences of his plea, and then knowingly and voluntarily pleaded guilty to violating section 422 and admitted sentence enhancements and allegations. "Mere advice and persuasion or the expression of matters of opinion by his own attorney will not suffice to vitiate the plea." (People v. Gilbert (1944) 25 Cal.2d 422, 443.)

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