When can a defendant withdraw a guilty plea under section 1016.5 of the California Criminal Code?
California, United States of America
The following excerpt is from People v. Castaneda, 37 Cal.App.4th 1612, 44 Cal.Rptr.2d 666 (Cal. App. 1995):
When the ground for withdrawing the guilty plea is the omission of advisement of the consequences of the plea, the defendant must show ignorance: that he was actually unaware of the possible consequences of his plea. For example, in People v. Flores (1974) 38 Cal.App.3d 484, 113 Cal.Rptr. 272, a case predating section 1016.5, the defendant
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