Can a defendant withdraw his no contest plea and enter a plea of not guilty?

California, United States of America


The following excerpt is from People v. Duboise, B251490 (Cal. App. 2014):

Penal Code section 1385, subdivision (a) provides, "The judge . . . may, either of his or her own motion or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed." Penal Code section 1203.4 permits a trial court to dismiss a case after the defendant has fulfilled the defendant's probation conditions. It is an expungement proceeding. (See People v. Laino (2004) 32 Cal.4th 878, 885; People v. Boyd (1979) 24 Cal.3d 285, 294.) The defendant is permitted to withdraw his or her no contest plea and enter a plea of not guilty, the court dismisses the information, and the defendant is "released from all penalties and disabilities" ( 1203.4, subd. (a))11 resulting from the offense of which the defendant was convicted.

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