People v. Taylor CA4/1

Good Law
Court of Appeal of CaliforniaMarch 23, 2015D066865California382 words

Opinion

Opinion

Aaron, J.

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and

proceedings in the trial court. Counsel has presented no argument for reversal, and

invited this court to review the record for error in accordance with Wende, supra,

25 Cal.3d 436. Pursuant to Anders, supra, 386 U.S. 738, counsel identified the following

as possible, but not arguable, issues:

"A. Did the trial court abuse its discretion in denying appellant's motion to

withdraw his plea?

"B. Did the nature of the negotiation in this case as a "package deal" make this

plea inherently coercive?"

In his supplemental brief, Taylor states that under Penal Code section 1018, he has

the right to withdraw his plea prior to the entry of judgment. When a defendant was

represented by counsel at the time of the plea, the trial court may, but is not required to,

grant the request to withdraw the plea on a sufficient showing of good cause. (Ibid.)

"Good cause" means mistake, ignorance, fraud, duress, or any other factor that overcame

the defendant's exercise of free judgment. (People v. Alexander (2015) 233 Cal.App.4th

313, 318; see Boykin v. Alabama (1969) 395 U.S. 238, 243…

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