What is the test for withdrawing a plea on the grounds that his attorney of record has not provided adequate representation?

California, United States of America


The following excerpt is from People v. Jackson, E066364, E066677 (Cal. App. 2018):

"Thus, where, as here, a defendant seeks to withdraw a plea on the ground that his attorney of record has not provided adequate representation, we believe that the trial court . . . should first elicit and consider the defendant's reasons for believing he has been ineffectively represented, making such inquiries of the defendant and trial counsel as appear necessary in open court or, if the trial court deems necessary, at an in camera hearing. [Citation.] If the defendant 'presents a colorable claim that he was ineffectively represented,' the trial court should appoint new counsel 'to fully investigate and present the motion.' [Citation.] . . . If the defendant does not present a colorable claim, the court may deny the motion without providing for new counsel. [Citation.]" (People v. Garcia, supra, 227 Cal.App.3d at p. 1377, fn. omitted.)

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