P. v. Chapman
Defendant appeals from denial of his request for leave to file a motion to withdraw a no contest plea. Appellant contends he was not mentally competent at the time he entered his plea of no contest to one count of lewd conduct with a child (Pen. Code, 288, subd. (a)). He was sentenced to three years in state prison consistent with his plea bargain. In the absence of substantial evidence of incompetence at the time appellant entered his plea, the trial judge did not abuse his discretion by denying appellant's motion to withdraw the plea pursuant to section 1018, nor was the trial judge required by section 1368 to conduct a retroactive competency determination. In any event, appellant waived his constitutional claim by failing to object on constitutional grounds in the trial court.
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