Is a defendant entitled to a reversal of his guilty plea and an opportunity to withdraw his plea?

California, United States of America


The following excerpt is from People v. Vento, 208 Cal.App.3d 876, 256 Cal.Rptr. 497 (Cal. App. 1989):

Vento contends that the trial court's comments regarding the possibility of probation were misleading, since in fact probation could only be granted in an unusual case where the interests of justice would best be served thereby, pursuant to Penal Code section 1203.073, subdivision (b)(4). 2 Based on People v. Spears (1984) 153 Cal.App.3d 79, 199 Cal.Rptr. 922, he concludes that he is entitled to a reversal of the judgment and an opportunity to withdraw his plea. We disagree.

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