California, United States of America
The following excerpt is from People v. Nahinu, C076424 (Cal. App. 2015):
Section 1018 permits a defendant to move to withdraw his plea for good cause at any time before judgment is entered.2 A no contest plea is treated the same as a guilty plea for purposes of section 1018. (People v. Rivera (1987) 196 Cal.App.3d 924, 926-927.) To establish good cause, a defendant must show by clear and convincing evidence that his plea was the result of mistake, ignorance, or any other factor overcoming the exercise of free judgment. (People v. Cruz (1974) 12 Cal.3d 562, 566.) However, a
Page 9
defendant must establish that his free will was overcome, not merely that he had a change of heart. (People v. Nance (1991) 1 Cal.App.4th 1453, 1456.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.