California, United States of America
The following excerpt is from People v. Felix, A128324 (Cal. App. 2011):
A defendant seeking to withdraw his guilty plea under section 1018 bears the burden of establishing good cause, i.e., that when he entered the plea, he "was operating under mistake, ignorance, or any other factor overcoming the exercise of his free judgment. [Citations.] Other factors overcoming defendant's free judgment include inadvertence, fraud or duress. [Citations.]" (People v. Huricks (1995) 32 Cal.App.4th 1201, 1208 (Huricks).) Good cause must be demonstrated by clear and convincing evidence. (People v. Shaw (1998) 64 Cal.App.4th 492, 496.)
If the defendant was represented by counsel when a guilty plea was entered, the ruling on an application to withdraw that plea is " 'purely within the discretion of the trial court after consideration of all factors necessary to bring about a just result.' " (People v. Weaver (2004) 118 Cal.App.4th 131, 146 (Weaver).) Accordingly, we review the trial court's ruling on a motion to withdraw for abuse of discretion and accept the court's factual findings where supported by substantial evidence. (People v. Fairbank (1997) 16 Cal.4th 1223, 1254.) " 'Guilty pleas resulting from a bargain should not be set aside lightly and finality of proceedings should be encouraged.' " (Weaver at p. 145.)
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