People v. Gonzalez CA2/7

DISCUSSION

We review the determination of the trial court on a motion to withdraw a plea for abuse of discretion and accept factual findings supported by substantial evidence. (People v. Fairbank (1997) 16 Cal.4th 1223, 1254.) “A decision to deny a motion to withdraw a guilty plea “‘rests in the sound discretion of the trial court”’ and is final unless the defendant can show a clear abuse of that discretion. [Citation.] Moreover, a reviewing court must adopt the trial court’s factual findings if substantial evidence supports them. [Citation.] [Citation;] accord, People v. Breslin (2012) 205 Cal.App.4th 1409, 1416 [140 Cal.Rptr.3d 906].) ‘“Guilty pleas resulting from a bargain should not be set aside lightly and finality of proceedings should be encouraged.’ [Citation.]” (People v. Weaver (2004) 118 Cal.App.4th 131, 146 [12 Cal.Rptr.3d 742].) “[T]he fact that a hearing court’s ruling on a section 1018 motion is reviewed by us under the ‘abuse of discretion’ standard appropriately results in our paying considerable deference to the hearing court’s factual findings: “All questions of the weight and sufficiency of the evidence are addressed, in the first instance, to the trier of…