P. v. Cheever
On November 15, 2005, a single-count criminal complaint was filed charging appellant, Frank Joseph Cheever, with continuous sexual abuse of a child under the age of 14 (Pen. Code, 288.5, subd. (a)). On March 15, 2006,[1]pursuant to a plea agreement, appellant pled no contest to the charged offense. On April 13, after determining that appellant had expressed the wish to withdraw his plea, the court, without relieving appellants appointed counsel, appointed a second attorney for the purpose of determining whether grounds existed for the withdrawal of the plea. On April 25, that attorney reported to the court he had determined no grounds existed for appellant to withdraw his plea. On May 6, the court sentenced appellant to six years in prison.
The judgment is reversed and the cause remanded to the superior court to permit appellant, within 30 days after the remittitur is filed in the trial court, to make a motion to withdraw his plea of no contest in a manner consistent with the views expressed in this opinion. If the superior court grants such a motion, the superior court shall reinstate the original charge, if the prosecution so moves, and proceed to trial or make other appropriate dispositions. If no such motion to withdraw the no contest plea is filed by appellant within the time limit set forth above, or if the motion to withdraw appellants plea is denied, the superior court is directed to reinstate the original judgment.
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