When a defendant enters a plea agreement to plead guilty to a charge of assault with intent to pervert the course of justice, does he have to prove that he was not under pressure?

California, United States of America


The following excerpt is from People v. Seyer, F069025 (Cal. App. 2015):

under the same pressures as every other defendant faced with the option of going to trial or accepting a plea bargain. (People v. Huricks (1995) 32 Cal.App.4th 1201, 1208.)

The only evidence supporting this claim of "duress" was defendant's post-plea declaration, which the trial court is not bound to believe in light of his statements under penalty of perjury in the plea agreement form. In the plea agreement, defendant affirmatively acknowledged that he had had sufficient time to discuss the plea with his attorney, understood the nature of the charges, possible defenses, consequences of the plea, and was freely and voluntarily entering into the plea. When there is contradictory evidence, the trial court is entitled to resolve the conflict against defendant. (People v. Hunt (1985) 174 Cal.App.3d 95, 104.)

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