California, United States of America
The following excerpt is from People v. Valle, H046670 (Cal. App. 2020):
3. The probation report does not show that defendant was married to the victim or had engaged in sexual intercourse with her. Assuming that defendant pleaded no contest to a crime that he did not commit, we also assume that he was willing to do so to achieve a certain outcome. The sex crime to which defendant agreed to pleadspousal rape by means of duressdid not trigger mandatory registration. (See 290, subd. (c) [a person must register if convicted of a violation of "paragraph (1) of subdivision (a) of [s]ection 262 involving the use of force or violence for which the person is sentenced to the state prison"].) In contrast, a person convicted of a violation of section 289, subdivision (a)(1)(A) (forcible sexual penetration)the crime originally charged in count 6is subject to mandatory registration. (See 290, subd. (c).) We do not here address the propriety of the court accepting defendant's plea to count 6, as amended, which defendant has not challenged. (See generally People v. Palmer (2013) 58 Cal.4th 110, 112-114 [court's duty to inquire as to the factual basis of a defendant's conditional plea of guilty or no contest].) In this case, counsel for both parties stipulated that there was a factual basis for defendant's plea to spousal rape by means of duress ( 262, subd. (a)(1)) for the purposes of their agreed case resolution.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.