Does a defendant have to plead no contest to a charge under section 667.5(1) of the California Criminal Code, which refers to arson as a serious, violent felony?

California, United States of America


The following excerpt is from People v. Ramudo, C074234 (Cal. App. 2014):

Here too, defendant was charged with an offense listed in section 667.5 as a violent felony and pled no contest to committing this violent felony. He does not claim the charging document failed to adequately advise him of the nature of the crime and there is no constitutional requirement that it also list the crime as a violent felony subject to the 15 percent limitation of section 2933.1. Nor is there any constitutional requirement that the plea form list the crime as a violent felony subject to the 15 percent limitation. (See People v. Aquirre, supra, 199 Cal.App.4th at p. 528.) We must therefore reject defendant's assertion that due process requires us to conclude he pled "to arson as a serious, rather than violent, felony."

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