People v. Nance

Opinion

McKINSTER, J.

The sole issue presented by this appeal is whether the burden of proof borne by a defendant moving to withdraw his plea of guilty pursuant to Penal Code section 1018, prior to pronouncement of judgment, is *1455by the standard of clear and convincing evidence or by a preponderance of the evidence. Finding that the trial court properly denied the motion to withdraw the plea of guilty using the clear and convincing evidence standard of proof, we affirm.

Facts

The defendant was charged in the Bear Valley Justice Court, San Bernardino County, by an amended complaint with one count of…