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Name: People v. Ramirez
Case #: B186837
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 08/14/2006

The court improperly denied defendant’s motion to withdraw his no contest plea where the defendant’s ignorance of a police report containing favorable information influenced his judgment in entering his plea. After the defendant entered his plea but prior to sentencing, defense counsel became aware of a supplemental police report containing exculpatory evidence. The defendant moved to withdraw his plea under Penal Code section 1018, and the trial court denied the motion. The Court of Appeal reversed, holding that the defendant had shown by clear and convincing evidene that the nondisclosure of favorable information affected his judgment in entering his plea, and that the People had failed to show that the state would suffer any hardship from going to trial.