In a motion before the Superior Court of Justice to vacate a judgment against an appellant, what is the effect of the judgment against the appellant on the motion to withdraw his plea?

California, United States of America


The following excerpt is from People v. Gill, F074578 (Cal. App. 2017):

Here, the record shows no "material variance" from our directions concerning the proceedings to be followed by the trial court on remand and we therefore reject appellant's claim that the resulting judgment is void. (Butler v. Superior Court, supra, 104 Cal.App.4th at p. 982.) Our prior opinion vacating the judgment and denial of appellant's first motion to withdraw his plea simply remanded the matter for further proceedings consistent with our opinion. The proceedings held by the trial court were not inconsistent with our opinion.

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