Does a minor have the right to withdraw a plea after the denial of their motion to suppress their confession?
California, United States of America
The following excerpt is from People v. Reyes, F064435 (Cal. App. 2013):
In Ricki J. v. Superior Court, a case upon which defendant relies, the minor waived the right to review a denial of a speedy trial claim, "even though her admission was expressly conditioned on preservation of those claims." (Ricki J. v. Superior Court, supra, 128 Cal.App.4th at p. 792.) As the plea was induced by an unenforceable promise, the minor was entitled to withdraw her plea. (Ibid.) Likewise in People v. DeVaughn (1977) 18 Cal.3d 889, the defendants entered into a plea after the denial of their motion to suppress their confessions. As part of the plea bargain, the court issued certificates of probable cause that purported to preserve for review the issues raised in the motions. On appeal, the court held denial of the motion was not reviewable. (Id. at p. 893.) Finding that the "defendants' pleas were induced by misrepresentations of a fundamental nature," the court allowed the defendants to withdraw their pleas. (Id. at p. 896; see id. at p. 900.)
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