Can a defendant withdraw a guilty plea and substitute it with a not guilty plea?

California, United States of America


The following excerpt is from People v. Pastrano, 52 Cal.App.4th 610, 60 Cal.Rptr.2d 620 (Cal. App. 1997):

"Penal Code section 1018 provides: 'On application of the defendant at any time before judgment the court may, ... for a good cause shown, permit the plea of guilty to be withdrawn and a plea of not guilty substituted.... This section shall be liberally construed to effect these objects and to promote justice.' ... [p] Withdrawal of a guilty plea is left to the sound discretion of the trial court. A denial of the motion will not be disturbed on appeal absent a showing the court has abused its discretion. [Citation.]" (People v. Nance (1991) 1 Cal.App.4th 1453, 1456, 2 Cal.Rptr.2d 670.) Turning to the instant case, we find no abuse of discretion.

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