California, United States of America
The following excerpt is from People v. Kobayashi, F064361 (Cal. App. 2013):
A defendant will be permitted to withdraw his guilty plea for good cause. ( 1018.) "Good cause" includes mistake, ignorance, fraud, duress or any other factor that overcomes the exercise of free judgment. It must be shown by clear and convincing evidence. (People v. Ravaux (2006) 142 Cal.App.4th 914, 917-918.) On appeal, we accept all factual findings of the trial court that are supported by substantial evidence and review the denial of a motion to withdraw a guilty plea for abuse of discretion. (Id. at p. 918.) Here, there is substantial evidence to support the trial court's determination that appellant's plea was voluntarily and intelligently entered. Therefore, the trial court did not abuse its discretion in finding no good cause and denying appellant's motion to withdraw his plea.
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