How have courts interpreted section 1018 of the California Criminal Code when a defendant makes a statement in open court that authorizes or adopts a motion to withdraw his plea?

California, United States of America


The following excerpt is from People v. Browand, C082561 (Cal. App. 2019):

"[C]ompliance with . . . section 1018 requires that a defendant make some expression in open court which authorizes or adopts a motion made on his [or her] behalf to withdraw his [or her] plea." (Johnson v. Superior Court (1981) 121 Cal.App.3d 115, 119, italics added.) We conclude defendant's hiring of counsel to prepare a motion to withdraw the plea and his multiple appearances at the hearings were sufficient to satisfy section 1018. The challenge to the denial of the motion to withdraw the plea has been preserved for appellate review.

Other Questions


Does section 1170(d)(1) of the California Criminal Code give the trial court authority to resent the sentence of a defendant pursuant to Section 1170 of the Criminal Code? (California, United States of America)
When a defendant withdraws his plea to withdraw his plea prior to sentencing and claims his court-appointed counsel was prejudicially ineffective, what is the test for withdrawing his plea? (California, United States of America)
How have courts interpreted plea agreements where a defendant's plea agreement states that he should receive a jail sentence based on his criminal conviction rather than that set forth in the criminal plea form? (California, United States of America)
How have courts interpreted section 654 of the California Criminal Code when a defendant is convicted of a sex offence under both sections of the S. 654(1) and (2) of the Criminal Code? (California, United States of America)
When a defendant withdraws his plea to withdraw his plea prior to sentencing and claims his court-appointed counsel was prejudicially ineffective, what is the test for withdrawing his plea? (California, United States of America)
How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.