People v. Molina CA5

DISCUSSION

Defendant contends the trial court abused its discretion when it refused to hear the merits of her request to withdraw her plea. Defendant also challenges certain fees imposed at the time of sentencing that are no longer enforceable due to legislative

All future statutory references are to the Penal Code unless otherwise noted. No declaration signed under penalty of perjury or testimony was offered to support this contention by defendant in her request to withdraw her plea.

3 changes. While we vacate certain fees from the sentence, we find no abuse of discretion in the court’s refusal to allow defendant to withdraw her plea.

I. Defendant’s Request to Withdraw Her Plea

When a defendant has had the benefit of being represented by counsel when a plea is entered, the grant or denial of a request to withdraw a plea is within the discretion of the trial court. (People v. Sandoval (2006) 140 Cal.App.4th 111, 123.) On appeal, the trial court’s decision will be upheld unless there is a clear showing of an abuse of discretion. (Ibid.) Furthermore, when a guilty plea has been negotiated, the plea should not be set aside easily since finality in the…