What is the effect of section 1170 of the California Criminal Code on a motion to withdraw a guilty plea?
California, United States of America
The following excerpt is from People v. Farrington, C078265 (Cal. App. 2016):
Dix, supra, 53 Cal.3d 442 involves the recall of an original sentence and imposition of a new sentence. Here, defendant does not seek resentencing. Instead, defendant seeks to recall the stipulated sentence to file a motion to withdraw his plea. Section 1170, subdivision (d), was not "designed to give a defendant an opportunity to withdraw a guilty plea." (People v. Alanis (2008) 158 Cal.App.4th 1467, 1476.)
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