People v. Robles CA5

DISCUSSION

We recognize that under certain circumstances a defendant may seek to withdraw a guilty plea. (People v. Quesada (1991) 230 Cal.App.3d 525, 531, fn. 2 [“ ‘a motion to set aside a judgment of conviction and for permission to withdraw a plea of guilty may ordinarily be considered as a petition for writ of error coram nobis’ ”]; § 1018 [upon a showing of good cause, a defendant may withdraw his guilty plea before the entry of judgment].) Nothing in the record before us, however, indicates defendant ever sought to

All statutory references are to the Penal Code unless otherwise noted.

2. withdraw his plea or had good cause to do so (People v. Sandoval (2006) 140 Cal.App.4th 111, 123 [defendant seeking to withdraw a guilty plea must establish he was operating under mistake, ignorance, or any other factor overcoming the exercise of his free judgment]). Therefore, we cannot consider this matter on appeal. Furthermore, we see no other arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

3.