When will a court grant or deny a defendant's application to withdraw a plea?

California, United States of America


The following excerpt is from People v. Grover, E065187 (Cal. App. 2017):

" 'When a defendant is represented by counsel, the grant or denial of an application to withdraw a plea is purely within the discretion of the trial court after consideration of all factors necessary to bring about a just result. [Citations.] On appeal, the trial court's decision will be upheld unless there is a clear showing of abuse of discretion. [Citations.]' [Citation.]" (Weaver, supra, 118 Cal.App.4th at p. 146.) "[A] reviewing court must adopt the trial court's factual findings if substantial evidence supports them." (People v. Fairbank (1997) 16 Cal.4th 1223, 1254.)

First, we find defendant forfeited his claim that the court's comments at the plea hearing were confusing or contained discrepancies, as he failed to raise this contention in the court below. (See People v. Clark (1993) 5 Cal.4th 950, 988, fn. 13 [when a party does not raise an argument below, he may not do so on appeal], overruled on other grounds as stated in People v. Doolin (2009) 45 Cal.4th 390, 421.) Second, even if defendant's claim is not forfeited, defendant's characterization of the record is mistaken.

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