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Asker
Posted about 2 years ago.

It's been too long - 3 - 2 years. Not sure it ws counsel. Judge and DA were hot to trot because DA decided I had a bad attitude. Pleastuff you mentioned was neither presented verbally nor inserted into the minute order.

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Asker
Posted about 2 years ago.

ooops. It's been 2 years.

Amber H Lunsford
Amber H Lunsford, Criminal Defense Attorney - Sacramento, CA
Posted about 2 years ago.

I've seen motions to withdraw a plea after 10 years have passed. Where are you getting information that it's been too long?

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Asker
Posted about 2 years ago.

I thought it might be the same time limit as a motion for a finding of factual innocence. What would be the effect of withdrawing the plea when the record did not register anything other than not guilty

Amber H Lunsford
Amber H Lunsford, Criminal Defense Attorney - Sacramento, CA
Posted about 2 years ago.

the case would start over again. There would be no conviction on your record unless you decide to change your plea to guilty or you are convicted at trial.

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Asker
Posted about 2 years ago.

Thanks for the info. At this point, since the case is dismissed, it would be better to leave it dismissed and do a motion for a finding of factual innocence since if that fails there would be no punishment and can be appealed. There was no entry of a guilty or no contest plea.