Can a defendant withdraw his plea to a charge of assault?

California, United States of America


The following excerpt is from People v. Patterson, H039022 (Cal. App. 2015):

plea. He repeatedly asserted that the best legal strategy was to enter a no contest plea "as soon as possible" and to focus on a Romero motion to vacate his prior strike convictions. Given defendant's adamancy about entering a no contest plea, we do not believe he would have proceeded to trial if he had been cognizant of all the factors he describes in his arguments. We therefore cannot find an abuse of discretion in the denial of defendant's plea withdrawal motion. (See generally People v. Nance (1991) 1 Cal.App.4th 1453, 1456 [a plea "may not be withdrawn simply because the defendant has changed his mind"].)

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