When a defendant withdraws his plea to withdraw his plea prior to sentencing and claims his court-appointed counsel was prejudicially ineffective, what is the test for withdrawing his plea?

California, United States of America


The following excerpt is from People v. Cardenas, F070211 (Cal. App. 2017):

When the defendant moves to withdraw his plea prior to sentencing, and claims his court-appointed counsel was prejudicially ineffective, the trial court must evaluate defendant's motion under the Marsden standard and determine whether the failure to replace counsel "would substantially impair the right to assistance of counsel [citation], or, stated slightly differently, if the record shows that the first appointed attorney is not providing adequate representation or that the defendant and the attorney have become embroiled in such an irreconcilable conflict, that ineffective representation is likely to result [citation]." (People v. Smith, supra, 6 Cal.4th at p. 696.)

Other Questions


When a defendant withdraws his plea to withdraw his plea prior to sentencing and claims his court-appointed counsel was prejudicially ineffective, what is the test for withdrawing his plea? (California, United States of America)
When can a defendant withdraw a no contest plea by asking to withdraw a plea based on ineffective assistance of counsel? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Is a defendant's claim that ineffective assistance of counsel led him to enter a felony plea instead of a misdemeanor and thus erroneously receive a (negotiated) felony sentence? (California, United States of America)
Can a defendant withdraw his guilty plea and withdraw his plea to reduce his sentence? (California, United States of America)
In what circumstances will a defendant withdraw a plea in a motion to withdraw the plea if he believes he would not have entered the plea otherwise? (California, United States of America)
What is the test for ineffectiveness claims against counsel who advised a defendant to withdraw his plea under section 422 of the Criminal Code? (California, United States of America)
How have the courts dealt with a defendant's claim that counsel rendered him ineffective representation at sentencing? (California, United States of America)
Is a defendant's claim that his trial counsel's failure to object or request a limiting instruction was ineffective assistance of counsel? (California, United States of America)
Can a defendant withdraw his plea from a charge of reckless driving based on ineffective assistance of counsel? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.