People v. Alvarez CA5

DISCUSSION

I. Motion to Withdraw Plea.

Defendant contends the trial court abused its discretion by denying his motion to withdraw the plea based on newly discovered evidence, specifically letters from the victim, stating she put him in jail because she was jealous. At the hearing on the motion to withdraw the plea, defendant presented two letters allegedly written by the victim and received by defendant in jail. He said he recognized her handwriting because she had written him letters when he was in prison in the past. In the letters, she asked him to write back to her, but he did not do so because of a restraining order prohibiting it. In the letters, she mentioned their son by name. She said she did not know why she thought it would help her get defendant back; it probably just made things worse between them. Defendant took it to mean that she lied in court and made a mistake putting him in jail. She said she had done things in the past that had hurt him and she knew they were stupid mistakes, but he would not be sorry if he gave her another chance. She said she knew she should not have put him in jail, but she was jealous. If she could not have him, she did not want…