Counsel can argue that a motion to withdraw a plea, under Penal Code 1018, can be filed even years after the sentence was imposed, so long as imposition of sentence was suspended, because under those circumstances, no judgment has ever been entered, so the current motion is timely prior to judgment.
Cal Crim Def 20.27

People v. Almanza, ___ Cal.App.4th ___, ___, ___ Cal.Rptr.3d ___, 2015 WL 368283 (6th Dist. Jan. 29, 2015) (In the context of a claim of conflict of interest ... the deficient-performance prong of the Strickland test is satisfied by a showing that defense counsel labored under an actual conflict of interest, that is, a conflict that affected counsel's performance"as opposed to a mere theoretical division of loyalties. (Rundle, supra, 43 Cal.4th at p.

People v. Almanza, ___ Cal.App.4th ___, ___, ___ Cal.Rptr.3d ___, 2015 WL 368283 (6th Dist. Jan. 29, 2015) (Because defense counsel was not representing two or more defendants concurrently, under Doolins bright-line rule we apply the traditional Strickland prejudice standard to his claim. . . . Accordingly, it is possible that the outcome might have differed absent the conflict of interest. But Strickland speaks not of possibilities, but reasonable probabilities. Jane's inculpatory statements are buttressed by defendant's own inculpating statement and behavior.

People v. Rivera, ___ Cal.App.4th ___, ___ Cal.Rptr.3d ___, 2015 WL 392859 (6th Dist. Jan. 29, 2015) (where original conviction was a felony, but the conviction was later reduced to a misdemeanor, the Court of Appeal has appellate jurisdiction); see People v. Lynall, ___ Cal.App.4th ___, ___ Cal.Rptr.3d ___, 2015 WL 392898 (6th Dist. Jan. 29, 2015) (court of appeal has appellate jurisdiction over case in which defendant was originally charged by information with a felony, or in a complaint certified to the Superior Court under Penal Code 859a).
Cal Crim Def 20.28

People v. Espinoza, 232 Cal.App.4th Supp. 1 (Dec. 2, 2014) (trial court lacks authority to dismiss an action under Penal Code 1385 after probation has expired).

Note: This decision was rendered by the Appellate Division of the Fresno County Superior Court, and arguably has no statewide application. The decision is arguably incorrect, since it violates the California Supreme Courts holding in other cases that courts cannot construct limitations on the scope of Penal Code 1385 that were not expressly enacted by the Legislature.

People v. Perez, ___ Cal.App.4th, ___ Cal.Rptr.3d ___, 2015 WL 332048 (4 Dist. Jan.

People v. Perez, ___ Cal.App.4th ___, ___ Cal.Rptr.3d ___, 2015 WL 332048 (4 Dist. Jan. 27, 2015) (where defense counsel advised the defendant the plea would not result in his deportation, the fact that the court gave contrary advice does not mean defendant's counsel did not negate the effect of that advisement by telling defendant the advisement is wrong and his guilty plea would not require his deportation. (See In re Resendiz, supra, 25 Cal.4th at p. 235, 105 Cal.Rptr.2d 431, 19 P.3d 1171.)
Cal Crim Def 20.43

People v. Superior Court (Jalalipour), ___ Cal.App.5th ___, 2015 WL 82936 (4th Dist. Jan.

People v. Perez, ___ Cal.App.4th ___, ___ Cal.Rptr.3d ___, 2015 WL 332048 (4 Dist. Jan. 27, 2015) (the trial courts denial of a motion to withdraw a plea, under Penal Code 1018, is reviewed for an abuse of discretion, and will be set aside where no evidence was submitted in opposition to the motion, and the trial court gave no reason for its denial).

The court reasoned:

A trial court's decision to deny a motion to withdraw a guilty plea is final absent an abuse of discretion. ( People v.

In the Ninth Circuit, counsel can argue the habeas statute of limitations has been extended by equitable tolling due to extraordinary circumstances. Ineffective assistance of counsel is one of these circumstances. Strickland v. Washington, 466 U.S. 668, 687 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); Castillo-Perez v. INS, 212 F.3d 518, 524-28 (9th Cir. 2000); Barraza-Rivera v. INS, 913 F.2d 1443, 1448 (9th Cir. 1990).