California, United States of America
The following excerpt is from People v. Jbara, E060528 (Cal. App. 2015):
on all the codefendants does not invalidate the plea. (See People v. Huricks, supra, 32 Cal.App.4th 1201, 1208 [the defendant was not subjected to " 'overbearing duress' " because his family asked him to take the plea bargain].) Defendant's attorney did not improperly tell him that his choice was either 12 years or a life sentence. Rather, the attorney explained the exposure of the torture offense, and the risk defendant would be taking by going to trial. That defendant accepted his attorney's advice does not show that his free will was overborne. (See People v. McDonough (1961) 198 Cal.App.2d 84, 91 ["And the fact that a defendant's attorney has recommended that he enter a plea of guilty is in itself no basis for later setting aside the plea"].)
As the People have pointed out, "[a]ll decisions to plead guilty are heavily influenced by difficult questions as to the strength of the prosecution's case and the likelihood of securing leniency." (People v. Breslin (2012) 205 Cal.App.4th 1409, 1417.) All the evidence shows that his plea was intelligently made, taking full account of these issues. Defendant's plea was valid; the trial court did not abuse its discretion in denying his motion to withdraw his plea.
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The judgment is affirmed.
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