P. v. Tolbert CA1/2
Defendant Kim E. Tolbert appeals from the trial court’s denial of her motion to withdraw her March 13, 2020 plea of no contest to one felony count of making a criminal threat. She argues that the trial court abused its discretion because she proved by clear and convincing evidence that she entered her plea only because of the severe coercion and duress caused by the outbreak of the COVID-19 virus. As she describes it, she otherwise would have been left stranded in Alameda County’s Santa Rita Jail with immune-compromising physical conditions that threatened her life and an uncertain trial date. She further argues this duress was exacerbated by her attorney’s failure to argue a bail motion that could have won her release from jail, which she contends constituted ineffective assistance of counsel.
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