What is the time limit for a defendant to withdraw a plea under section 1016.5 of the California Criminal Code?
California, United States of America
The following excerpt is from People v. Marin, A144761 (Cal. App. 2017):
Section 1016.5 does not specify a time limit for a defendant's motion to withdraw a plea. Defendant bears the burden of proving he exercised "reasonable diligence" in seeking relief. (People v. Totari (2003) 111 Cal.App.4th 1202, 1207-1208 (Totari).)
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