In denying a motion to withdraw a no contest plea, does the trial court abuse its discretion?
California, United States of America
The following excerpt is from People v. Salas, B263567 (Cal. App. 2016):
In denying defendant's motion to withdraw her no contest plea, the trial court did not act in an arbitrary, capricious, or patently absurd manner that resulted in a manifest miscarriage of justice. Accordingly, the trial court did not abuse its discretion. (People v. Rodrigues, supra, 8 Cal.4th at pp. 1124-1125.)
Page 10
The judgment is affirmed.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a motion for a new trial need to be denied because the trial court did not abuse its discretion in denying the motion for new trial? (California, United States of America)
Can a defendant obtain a new trial on the grounds that the trial court did not abuse its discretion to deny the motion on the same grounds as the previous motion? (California, United States of America)
Does a trial court abuse its discretion in denying a defendant's motion to withdraw his plea? (California, United States of America)
What is the test for denying a motion for a new trial on the grounds that the trial judge did not abuse his discretion in denying the motion under the first two grounds? (California, United States of America)
In a motion to dismiss one or both of appellant's prior strike convictions, can appellant appeal against the finding that the trial court abused its discretion in denying the motion? (California, United States of America)
When reviewing a motion for a new trial, does the appellate court apply the standard of "abuse of discretion" in denying the motion? (California, United States of America)
Does the trial court abuse its discretion by denying a motion for continuance by denying the requested continuance? (California, United States of America)
When a defendant withdraws his plea to withdraw his plea prior to sentencing and claims his court-appointed counsel was prejudicially ineffective, what is the test for withdrawing his plea? (California, United States of America)
Does a trial court's decision to deny leave to amend for an abuse of discretion in a motion to amend a motion? (California, United States of America)
In arguing that the trial court abused its power to deny a motion to sever an indecent exposure charge from a sexual assault charge, does defendant rely on Earle v Earle to argue that the motion was abused? (California, United States of America)
