Is a defendant entitled to a motion to withdraw his plea that the trial court misadvised him as to the consequences of his plea?

California, United States of America


The following excerpt is from People v. Sogoian, C084768 (Cal. App. 2018):

Defendant claims he was misadvised as to the consequences of his plea. Defendant did not object at sentencing that he had been misadvised of the consequences of his plea or move to withdraw his plea. Instead, defendant personally addressed the court, admitting his wrongdoing and pleading for mercy. We conclude defendant has forfeited his claim that the trial court misadvised him as to the consequences of the plea. (People v. McClellan (1993) 6 Cal.4th 367, 377.)

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