People v. White CA2/8

DISCUSSION

A. Denial of Defendant’s Motion to Withdraw His Guilty Plea Was Not an Abuse of Discretion

Defendant contends it was an abuse of discretion for the trial court to deny his motion to withdraw his plea after he was informed that his sentence would have to be served in state prison rather than local custody. He argues that his plea was not knowing and informed because it was based on his mistaken belief that he could serve his sentence in local custody, the basis of which was incorrect information provided by the trial court and prosecutor. We disagree. We review denial of a defendant’s motion to withdraw his or her guilty plea for abuse of discretion. (People v. Alexander (2015) 233 Cal.App.4th 313, 318.) To be valid, a plea bargain must be made with a full awareness both of the nature of the right being abandoned and the consequences of the decision to abandon those rights; and it must be voluntary “ ‘ “ ‘in the sense that it was the product of a free and deliberate choice rather than intimidation, coercion, or deception.’ ” ’ [Citations.].” (People v. Collins (2001) 26 Cal.4th 297, 305.) “ ‘A defendant may move the trial court to set aside a guilty plea for good…