Does a motion to withdraw a plea need to have an evidentiary hearing?
California, United States of America
The following excerpt is from People v. Mercado, H045155 (Cal. App. 2019):
As a general matter, there is no requirement that the trial court hold an evidentiary hearing on every motion to withdraw a plea. (People v. Superior Court (Zamudio) (2000) 23 Cal.4th 183, 201 [" 'There is simply no authority for the proposition that a trial court necessarily abuses its discretion, in a motion proceeding, by resolving evidentiary conflicts without hearing live testimony.' [Citation.]"].)
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