How have courts treated counsel's decision not to argue or present evidence in support of a motion to withdraw a plea?

We "indulge a strong presumption that counsel's acts were within the wide range of reasonable professional assistance." (People v. Dennis (1998) 17 Cal.4th 468, 541.) On this record, we cannot say counsel's decision not to argue or present evidence in favor of defendant's withdrawing his plea was unreasonable under professional norms. Defendant thus cannot establish ineffective assistance.

Defendant contends the trial court denied him due process and abused its discretion when it did not give him the opportunity to present evidence of intoxication in support of his motion to withdraw his plea. The burden to present evidence, however, rested on defendant. To be relieved of his earlier plea, he had to present the "requisite proof that the ends of justice will be subserved by permitting him to change his plea from guilty to not guilty." (People v. Brotherton (1966) 239 Cal.App.2d 195, 201.) Defendant did not do this. He made no offer of any testimony or evidence to support his intimation of intoxication nor did he request the opportunity to do so. Because he did not satisfy his burden, the trial court did not abuse its discretion in denying the motion.

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