California, United States of America
The following excerpt is from People v. Butcher, B256344 (Cal. App. 2015):
353, 361; People v. Howard (1992) 1 Cal.4th 1132, 1177 ["'the record must affirmatively disclose that a defendant who pleaded guilty entered his plea understandingly and voluntarily'"].)
A defendant may move to set aside a guilty or no contest plea for good cause at any time before entry of judgment. ( 1018.)6 "'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.' [Citations.] The defendant may not withdraw a plea because the defendant has changed his or her mind. [Citations.]" (People v. Archer (2014) 230 Cal.App.4th 693, 702.) "'A decision to deny a motion to withdraw a guilty plea "'rests in the sound discretion of the trial court'" and is final unless the defendant can show a clear abuse of that discretion. [Citation.] . . .' [Citations.] '"Guilty pleas resulting from a bargain should not be set aside lightly and finality of proceedings should be encouraged." [Citation.]' [Citation.]" (Ibid.)
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