People v. Gonzalez CA2/7
B267208
| Cal. Ct. App. | Oct 3, 2016Background
- Defendant Moises Gonzalez was charged with felony possession for sale of heroin and misdemeanor possession of methamphetamine; bail initially set at $30,000.
- Gonzalez posted bail but missed a scheduled court appearance; court forfeited bond, reset bail to $50,000, and issued a bench warrant on a related probation violation.
- Gonzalez arrived after the matter was recalled; the court indicated remand was likely but allowed consultation with counsel.
- Gonzalez pleaded no contest to the felony count with an indicated sentence of three years probation, 180 days county jail, and admission of the probation violation; surrender was delayed.
- He later moved under Penal Code §1018 to withdraw the plea, claiming coercion by the threat of remand; the trial court denied the motion, finding no good cause.
- On appeal, the Court of Appeal affirmed, holding the trial court did not abuse its discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Gonzalez established good cause to withdraw his plea under Penal Code §1018 because he was coerced by threat of remand | The People argued the trial court properly found no coercion and no good cause; factual findings supported denial | Gonzalez argued he entered the plea under duress because the court threatened remand, so the plea was not voluntary | The court held Gonzalez failed to prove coercion or good cause; denial of the §1018 motion was not an abuse of discretion |
Key Cases Cited
- People v. Fairbank, 16 Cal.4th 1223 (establishes abuse-of-discretion standard and deference to trial court factual findings on plea-withdrawal motions)
- People v. Weaver, 118 Cal.App.4th 131 (notes guilty pleas from bargains should not be set aside lightly)
- People v. Breslin, 205 Cal.App.4th 1409 (defendant must show prejudice and good cause to withdraw plea)
- People v. Nance, 1 Cal.App.4th 1453 (discusses limits on withdrawing pleas and standard for changed-mind claims)
- People v. Archer, 230 Cal.App.4th 693 (affirms deference to trial court on section 1018 motions)
- People v. Cruz, 12 Cal.3d 562 (places burden on defendant to prove good cause to withdraw plea)