People v. Koppe CA3

DISCUSSION

Defendant contends his no contest plea was not voluntary because the plea agreement was a package deal both he and his codefendent son had to accept. He contends their relationship created psychological pressures overriding his free will and coercing him to helping his son by accepting the deal. We disagree. I Standard Of Review A motion to withdraw a plea may be granted if there is good cause. (Pen. Code, § 1018.) “To establish good cause, it must be shown that defendant was operating under mistake, ignorance, or any other factor overcoming the exercise of his free judgment. [Citations.] Other factors overcoming defendant’s free judgment include inadvertence, fraud or duress.” (People v. Huricks (1995) 32 Cal.App.4th 1201, 1208.) “A plea may not be withdrawn simply because the defendant has changed his mind.” (People v. Nance (1991) 1 Cal.App.4th 1453, 1456.)

3 “The burden is on the defendant to present clear and convincing evidence the ends of justice would be subserved by permitting a change of plea to not guilty.” (People v. Shaw (1998) 64 Cal.App.4th 492, 496.) “ ‘[T]he withdrawal of such a plea rests in the sound discretion of the trial court and a denial may…