P.

P. v. McGee CA1/3

Good Law
Court of Appeal of CaliforniaJuly 24, 2013A133466California461 words

Opinion

Opinion

Pollak, J.

DISCUSSION

Withdrawal of Guilty Pleas Defendant contends the trial court abused its discretion by denying her motion to withdraw her guilty plea. Defendant maintains that, under the totality of the circumstances, her plea was not knowing, intelligent, and voluntarily made. “On application of the defendant at any time before judgment or within six months after an order granting probation is made if entry of judgment is suspended, the court may . . . for a good cause shown, permit the plea of guilty to be withdrawn and a plea of not guilty substituted. . . . This section shall be liberally construed to effect these objects and to promote justice.” (Pen. Code, § 1018.) “Mistake, ignorance or any other factor overcoming the exercise of free judgment is good cause for withdrawal of a guilty plea.” (People v. Cruz (1974) 12 Cal.3d 562, 566.) Good cause must be shown by clear and convincing evidence. (People v. Fratianno (1970) 6 Cal.App.3d 211, 222.) “A plea may not be withdrawn simply because the defendant has changed his mind.” (People v. Nance (1991) 1 Cal.App.4th 1453, 1456.) “The granting or denial of a motion by a defendant to withdraw his plea of guilty rests in the sound…

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