Does a postjudgment motion to change a plea must be made with reasonable diligence?

California, United States of America


The following excerpt is from People v. Superior Court (Zamudio), 23 Cal.4th 183, 96 Cal.Rptr.2d 463, 999 P.2d 686 (Cal. 2000):

The authority petitioner cites, People v. Castaneda, supra, 37 Cal.App.4th 1612, 44 Cal.Rptr.2d 666, stands at most for the proposition that a postjudgment motion to change a plea must be made with "reasonable diligence" (id. at p. 1619, 44 Cal. Rptr.2d 666). Absent evidence defendant long ago had cause to question the accuracy of the trial court's 1992 immigration advisements, to hold he should have objected to them earlier would be unfair. This conclusion accords with the plain language of section 1016.5, which contains no time bar.

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