Can a defendant withdraw his plea and plead not guilty?
California, United States of America
The following excerpt is from People v. Perez, H043692 (Cal. App. 2017):
have the consequences for the defendant of deportation . . . ," the court must, upon the defendant's motion, vacate the judgment to allow the defendant to withdraw the plea and plead not guilty. ( 1016.5, subd. (b); see People v. Patterson (2017) 2 Cal.5th 885, 898-899 [inadequate advisement of certain deportation compels remand for good-cause hearing notwithstanding section 1016.5 advisement].)
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