People v. Mead CA3

DISCUSSION

On appeal, defendant challenges the denial of his motion to withdraw his pleas arguing: (1) the trial court abused its discretion and denied him his constitutional right to due process when it failed to inquire into the grounds for his request to withdraw his pleas; and (2) counsel was ineffective for failing to provide a basis for why defendant wanted to withdraw his pleas. Penal Code2 section 1018 provides that “the court may . . . for a good cause shown, permit the plea of guilty to be withdrawn and a plea of not guilty substituted.” The withdrawal of a plea is within the discretion of the trial court and its action must be upheld on appeal unless an abuse of discretion is clearly shown. (People v. Burkett (1953) 118 Cal.App.2d 204, 209-210.) So long as there exists “a reasonable or even fairly debatable justification, under the law, for the action taken, such action will not be [disturbed], even if, as a question of first impression, we might feel inclined to take a different view from that of the court below as to the propriety of its action.” (Harrison v. Sutter St. Ry. Co. (1897) 116 Cal. 156, 161.) I The Trial Court Had No Duty To Inquire Into The Basis For…