Does a defendant have a right to withdraw their plea if the court sentences her to a term greater than probation for failure to appear?

California, United States of America


The following excerpt is from People v. Loveling, C087875 (Cal. App. 2020):

In a concluding mash-up of her contentions, defendant argues that "because [defendant] was not advised at the plea hearing that she could withdraw her plea if the court sentenced her to a term greater than probation for mere failure to appear, the fact that she did not later request to withdraw her plea does not mean she forfeited the right." To be sure, "when the trial court fails to give a [Penal Code] section 1192.5 admonition, the defendant's failure to object at sentencing does not waive his claim on appeal. [Citations.]" (People v. Silva (2016) 247 Cal.App.4th 578, 589.) However, the admonition required by Penal Code section 1192.5 was given and the trial court did not sentence defendant to prison for failure to appear, but rather because she failed to successfully complete one year of a rehabilitation program.

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