What is the test for a motion to withdraw a guilty or no contest plea?

California, United States of America


The following excerpt is from People v. Baca, E069907 (Cal. App. 2019):

A guilty plea must be knowing, voluntary, and intelligent under the totality of the circumstances. (People v. Farwell (2018) 5 Cal.5th 295, 301-302.) A court may grant a defendant's motion to withdraw his or her guilty or no contest plea and to enter a not guilty plea "at any time before judgment" and "for good cause shown." (Pen. Code, 1018.) The defendant must establish good cause by clear and convincing evidence, and in order to establish good cause, the defendant must show that, when the guilty plea was entered, the defendant was operating under mistake, ignorance, inadvertence, fraud,

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