People v. Nance

TIMLIN, J., Concurring.

I concur with the majority’s affirmance of the judgment entered below—and I do so in agreement with the majority’s conclusion that defendant failed, under any evidentiary burden of proof standard, to establish good cause to be permitted to withdraw his guilty plea/admission pursuant to section 1018 of the Penal Code.1 However, I write separately to express my disagreement with the majority’s rather cursory conclusion concerning the evidentiary burden of proof issue raised by defendant in this case. Unlike the majority, I agree with defendant that the “preponderance of…