Is a defendant permitted to withdraw his plea?
California, United States of America
The following excerpt is from People v. Ruiz, F068737 (Cal. App. 2016):
Appellant contends he should be permitted to withdraw his plea. In the alternative, he requests a remand for the trial court to determine whether he can be lawfully sentenced within the terms of the plea bargain. If he cannot be lawfully sentenced, he maintains he should then be permitted to withdraw his plea. Respondent argues appellant is estopped from challenging the sentence, citing People v. Hester (2000) 22 Cal.4th 290 (Hester).
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