The Writ Petition and the Adequate Remedy
A criminal defendant was convicted of assault. Before sentencing, the trial court denied the defendant's motion to withdraw his guilty plea. The defendant wants to appeal the denial of the motion. The defendant's attorney advises that the denial of a motion to withdraw a guilty plea is not appealable, but may be challenged by writ of mandate. The defendant files a petition for writ of mandate in the Court of Appeal. The petition is filed 30 days after the denial. The respondent argues that the petition is untimely because it was not filed within 30 days of the denial. The defendant argues that the 30-day limit does not apply to writ petitions. The Court of Appeal has not yet ruled.
1. Is the denial of a motion to withdraw a guilty plea appealable? What is the proper remedy?
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Under California law, the denial of a motion to withdraw a guilty plea is not separately appealable. The defendant may challenge the denial on appeal from the judgment of conviction. However, if the defendant has not yet been sentenced, there is no final judgment. The defendant may seek a writ of mandate to compel the trial court to grant the motion. The writ petition is discretionary. The defendant must show that the trial court abused its discretion. The 30-day limit for filing a notice of appeal does not apply to writ petitions. The petition should be filed promptly, but there is no strict deadline. The Court of Appeal may consider the petition on the merits. The defendant should also consider whether the issue can be raised on appeal from the judgment.
2. What factors will the Court of Appeal consider in deciding whether to grant the writ petition?
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The Court of Appeal will consider whether the defendant has shown that the trial court abused its discretion in denying the motion to withdraw the guilty plea. The defendant must show that the plea was not knowingly and voluntarily made, or that there was a mistake, ignorance, or inadvertence. The court will also consider whether the defendant has an adequate remedy at law. If the issue can be raised on appeal from the judgment, the court may deny the writ as premature. The court may also consider whether the petition is timely. The defendant should file the petition as soon as possible after the denial. The court has discretion to grant or deny the petition.