California, United States of America
The following excerpt is from People v. Garcia, E068394 (Cal. App. 2019):
Furthermore, defendant has not demonstrated prejudice as to any of his claims. In other words, he has not shown that "there is a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial." (Hill v. Lockhart, supra, 474 U.S. at p. 59.) He merely points to his self-serving testimony showing that "his heightened emotional state surrounding his mother's illness had been manipulated to convince him to plead guilty," that he asked to be referred to mental health services after his plea, and that he failed to recall details of the day of the plea. Defendant also asserts that he was reluctant to plead guilty. He points to his testimony that his attorney told him he could either take the deal or there was nothing else he could do for him, and that he told his attorney he did not know what he was going to do. Defendant further claims his account of a phone call he made to his attorney after the plea "suggests that he had relied on inaccurate information from his attorney when he accepted the plea." He also states his decision to withdraw his plea "was directly related to learning that he would be eligible for only 15 percent custody credits, which was contrary to the information provided by counsel." Nothing in any of these assertions establishes that, but for counsel's alleged errors, defendant would not have pled guilty and would have insisted on going to trial.
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Ultimately, none of defendant's claims establish good cause for withdrawing his plea, since they do not demonstrate that he was operating under mistake, ignorance, or inadvertence, or that the exercise of his free judgment was overcome. (See People v. Nance (1991) 1 Cal.App.4th 1453, 1456.) As the trial court observed, defendant was aware of the consequences of his plea, was aware of what he was pleading guilty to, and "his plea was knowingly, intelligently, and voluntarily entered into." The court was well within its discretion when it denied defendant's motion to withdraw the plea.
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