Is a defendant entitled to withdraw his guilty plea and restore the status quo ante?

California, United States of America


The following excerpt is from People v. Miller, 126 Cal.App.3d 435, 178 Cal.Rptr. 767 (Cal. App. 1981):

Because the tainted evidence is involved in the negotiated disposition, as in Hill and Rios, defendant is entitled to the opportunity to withdraw his guilty pleas and the restoration of the status quo ante. Because the tainted evidence affects part though not all of an integrated negotiated disposition, the principle announced in People v. Punchard is not applicable to this appeal.

Rehearing denied; PUGLIA, J., dissenting.

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