Miranda

Respondent Efren Miranda was granted probation in 1997 upon his entry of a negotiated plea of guilty to receiving stolen property, a felony (Pen. Code, § 496, subd. (a)). He abandoned probation and fled the jurisdiction shortly thereafter. In 2003, he appeared in court and filed a motion to withdraw his plea pursuant to section 1018. The trial court granted the motion. The People appeal.

We consider whether a trial court has jurisdiction to grant a defendant’s motion to withdraw his guilty plea pursuant to section 1018 when the motion is not made within six months after the defendant has been granted probation, as required by that section. We hold that a trial court does not have jurisdiction to grant such a motion after the six-month period has passed.

FACTS AND PROCEDURAL BACKGROUND

In January 1997, respondent was charged by information with receiving stolen property, a felony. He was represented by retained counsel during his preliminary hearing and at his arraignment. After he failed to appear and a bench warrant was issued, he subsequently appeared with a different retained attorney, who filed a written motion to set aside the information pursuant to section 995.…