California, United States of America
The following excerpt is from Fick v. Board of Medical Examiners, 107 Cal.Rptr. 260, 31 Cal.App.3d 247 (Cal. App. 1973):
Penal Code section 1018 could not have been invoked because that section only permits withdrawal of a plea of guilty Prior to judgment. The long delay here between entry of plea and the purported dismissal coupled with complete absence of any clear and convincing evidence of grounds for relief negates any possibility that the proceeding was in the nature of coram nobis. (See People v. Shorts, 32 Cal.2d 502, 197 P.2d 330.)
Finally, and more importantly, the order cannot be construed as a dismissal under section 1385 because it is devoid of any statement of reasons as required by that section. (See People v. Shaffer, 182 Cal.App.2d 39, at 45, 5 Cal.Rptr. 844.)
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