Can a defendant withdraw his plea of guilty under section 1018 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Hernandez, F068543 (Cal. App. 2015):

Section 1018 provides that a defendant may move to withdraw his plea of guilty at any time before entry of judgment, and the trial court may grant the motion if good cause is shown. "'To establish good cause to withdraw a guilty plea, the defendant must show by clear and convincing evidence that he or she was operating under mistake, ignorance, or any other factor overcoming the exercise of his or her free judgment, including inadvertence, fraud, or duress.' [Citations.] The defendant may not withdraw a plea because the defendant has changed his or her mind." (People v. Archer (2014) 230 Cal.App.4th 693, 702.)

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