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PEOPLE v. NANCE

Docket No. E007995.

1 Cal.App.4th 1453 (1991)

2 Cal. Rptr.2d 670

THE PEOPLE, Plaintiff and Respondent, v. DAVID LEE NANCE, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Two.

December 17, 1991.

Attorney(s) appearing for the Case

COUNSEL

Janyce Keiko Imata Blair, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, Richard B. Iglehart, Chief Assistant Attorney General, Harley D. Mayfield, Assistant Attorney General, Janelle B. Davis, and Joyce N. Burnett, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

McKINSTER, J.

The sole issue presented by this appeal is whether the burden of proof borne by a defendant moving to withdraw his plea of guilty pursuant to Penal Code section 1018, prior to pronouncement of judgment, is by the standard of clear and convincing evidence or by a preponderance of the evidence. Finding that the trial court properly denied the motion to withdraw the...

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