Can a defendant withdraw his plea from a charge of reckless driving based on ineffective assistance of counsel?

California, United States of America


The following excerpt is from People v. Yochem, B280641 (Cal. App. 2018):

Accordingly, in People v. Marlin (2004) 124 Cal.App.4th 559 (Marlin), the defendant embellished his claim of Marsden error with an ineffective assistance of counsel claima claim which can survive a plea.7 The defendant sought to withdraw his plea and engage an attorney to investigate a defense of contributory negligence of the victim. (Id. at p. 567.) The defendant expressed dissatisfaction with his counsel's failure to undertake an accident scene investigation although

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