What is the burden of withdrawing a guilty plea?

California, United States of America


The following excerpt is from People v. Luna, B297185 (Cal. App. 2020):

"The defendant has the burden to show, by clear and convincing evidence, that there is good cause for withdrawal of his or her guilty plea. [Citations.] 'A plea may not be withdrawn simply because the defendant has changed his [or her] mind.' [Citation.]" (People v. Breslin (2012) 205 Cal.App.4th 1409, 1415-1416.) "To establish good cause to withdraw a guilty plea, the defendant must show by clear and convincing evidence that he or she was operating under mistake, ignorance, or any other factor overcoming the exercise of his or her free judgment, including inadvertence, fraud, or duress. [Citation.]" (Id. at p. 1416.)

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