California, United States of America
The following excerpt is from People v. Payne, C081676 (Cal. App. 2016):
decision will be upheld unless there is a clear showing of abuse of discretion. [Citations.] An abuse of discretion is found if the court exercises discretion in an arbitrary, capricious or patently absurd manner resulting in a manifest miscarriage of justice. [Citation.] [] Section 1018 requires a showing of good cause to allow withdrawal of a plea. [Citation.] In relevant part, section 1018 provides, 'On application of the defendant at any time before judgment . . . the court may, and in case of a defendant who appeared without counsel at the time of the plea the court shall, for a good cause shown, permit the plea of guilty to be withdrawn and a plea of not guilty substituted.' [] ' "While . . . section [1018] is to be liberally construed and a plea of guilty may be withdrawn for mistake, ignorance, or inadvertence or any other factor overreaching defendant's free and clear judgment, the facts of such grounds must be established by clear and convincing evidence. [Citations.]" ' [Citation.] The burden is on the defendant to present clear and convincing evidence the ends of justice would be subserved by permitting a change of plea to not guilty." (People v. Shaw (1998) 64 Cal.App.4th 492, 495-496.)
We conclude there is no evidence that defendant was operating under " ' "mistake, ignorance, or inadvertence or any other factor overreaching defendant's free and clear judgment," ' " resulting in an involuntary plea. (People v. Shaw, supra, 64 Cal.App.4th at p. 496.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.