Can a defendant withdraw his plea under a plea bargain that is later disapproved?
California, United States of America
The following excerpt is from The People v. Byous, B220773, No. MA043354-01 (Cal. App. 2010):
2. People v. Cruz (1988) 44 Cal.3d 1247 held that unless he has knowingly and intelligently waived the right, a defendant who pleads under a plea bargain that is later disapproved due to his failure to appear for sentencing may withdraw his plea. (Id. at p. 1254, fn. 5.)
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