Does a defendant have to plead guilty to a charge of assault under section 17, subdivision (b) of the California Criminal Code to avoid a conviction for the assault of a minor?

California, United States of America


The following excerpt is from People v. Alvarez, H041836 (Cal. App. 2015):

We acknowledge that " 'the mere fact that the defendant, knowing his rights and the consequences of his act, entered the plea under a hope of leniency presents no ground for the exercise of the discretion of the court.' " (People v. Burkett (1953) 118 Cal.App.2d 204, 210.) That is not what transpired here. Certainly, defendant was advised that he would face felony probation if the court did not grant his section 17, subdivision (b) motion. Defendant, however, was also advised that the court was "heavily inclined" to reduce the felonies and, based on the trial court's comments, was led to believe that the only factor preventing the court from reducing the felonies was an objection from the victim's family.

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