What is the test for a motion to withdraw a guilty plea under section 1018 of the California Criminal Code?

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 discretion. (People v. Waters (1975) 52 Cal.App.3d 323, 328.) On review, the court must adopt the trial court's factual findings if they are supported by substantial evidence. (People v. Fairbank (1997) 16 Cal.4th 1223, 1254.) Moreover, the trial court's witness credibility determinations must be accepted if reasonably justified by the record. (See People v. Quesada (1991) 230 Cal.App.3d 525, 533, superseded by statute on another point as stated in People v. Totari (2003) 111 Cal.App.4th 1202, 1206-1207, fn. 5.)

A defendant seeking to withdraw a guilty plea under section 1018 must demonstrate good cause through clear and convincing evidence by showing the original plea was not freely and voluntarily given.⁸ (People v. Castaneda (1995) 37 Cal.App.4th 1612, 1617.) It is not enough that a defendant has concluded he or she did not correctly assess the wisdom of the plea bargain or otherwise has had a change of mind; so-called

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