Can a defendant withdraw his guilty plea and withdraw his plea to reduce his sentence?

California, United States of America


The following excerpt is from People v. Studyvin, C084674 (Cal. App. 2018):

Here, we agree with the parties that adding two years, eight months to defendant's negotiated plea significantly exceeded the terms of the agreement which called for a one-year increase to defendant's Colusa County sentence. We will therefore vacate the sentence and direct the trial court to either allow defendant to withdraw his guilty plea or follow the plea agreement. (See People v. Mancheno (1982) 32 Cal.3d 855, 861 [allowing withdrawal of the plea is the appropriate remedy where specifically enforcing the bargain would limit the trial court's sentencing discretion in light of additional information or changed circumstances between plea and sentencing].)

The sentence is vacated and the matter is remanded for resentencing.

HULL, Acting P. J.

We concur:

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