Is there good cause for a defendant to withdraw his plea?

California, United States of America


The following excerpt is from People v. Soberianis, E071703 (Cal. App. 2019):

The central question before the trial court was whether there was good cause to permit defendant to withdraw his plea. To demonstrate good cause, a defendant must present clear and convincing evidence that defendant pled based on "'[m]istake, ignorance or any other factor overcoming the exercise of free judgment . . . .'" (People v. Patterson, supra, 2 Cal.5th at p. 894.) Evidence showing good cause to withdraw a plea

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is thus dependent on the defendant's subjective understanding of that plea, not necessarily the legal validity of the sentence.

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