Practice question
An accused enters an improvident guilty plea to a noncapital offense. A conviction is rendered but is not yet final. The accused moves under Section 5 to withdraw the plea. The prosecutor says the court lost all power to consider it on the date the decision was rendered. Which is most accurate?
- Rendering judgment always immediately removes the Section 5 authority
- The motion itself automatically acquits the accused
- The judge must disregard whether the plea was improvident
- Section 5 permits the court to allow withdrawal before the conviction becomes final; rendition alone is not the stated cutoff
- The only possible remedy is executive pardon
Legal references
- Rules of Court, Rule 116, Sections 1(d), 4–5.
- Reviewed primary authority, Rule 116, Sections 1(d), 4–5: https://lawphil.net/courts/rules/rc_110-127_crim.html
Answer this question in flashcards to review your response and continue practicing.