Can a motion to withdraw a guilty plea be reversed if the trial court refused to act on the motion?
California, United States of America
The following excerpt is from People v. Sarver, A145766 (Cal. App. 2017):
Moreover, even if the trial court erred in failing to act further on appellant's request to deny his plea, we could not reverse on that ground. The trial court's decision to deny a defendant's motion to withdraw a guilty plea rests in the sound discretion of the trial court, and will not be disturbed unless the defendant shows a clear abuse of discretion. (People v. Fairbank (1997) 16 Cal.4th 1223, 1254.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there any case law where the trial court would have exercised its discretion not to award a motion for damages even if the trial judge was aware of the fact that the motion was being brought before the court? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Does a motion for a new trial need to be denied because the trial court did not abuse its discretion in denying the motion for new trial? (California, United States of America)
Does a motion for a new trial have to be granted because the trial court refused to grant a motion to sever? (California, United States of America)
Does a motion for a new trial have to be granted because the trial court refused to grant a motion to sever? (California, United States of America)
Does a motion for a new trial have to be granted because the trial court refused to grant a motion to sever? (California, United States of America)
How have the courts interpreted the language of the majority opinion in a motion that reverses the trial court's judgment that proxies cannot be used in the election of directors? (California, United States of America)
Is a defendant entitled to a new trial if the trial court refuses to hear or rule on the motion? (California, United States of America)
Is there any case law supporting a motion for relief from default where the trial court refused to allow the appellant to present any evidence to refute the motion? (California, United States of America)
Can a defendant obtain a new trial on the grounds that the trial court did not abuse its discretion to deny the motion on the same grounds as the previous motion? (California, United States of America)
