Does a defendant need to be advised of the minimum portion of the sentence that will have to be served in custody when they plead guilty to a similar charge?

California, United States of America


The following excerpt is from People v. Barella, 20 Cal.4th 261, 84 Cal.Rptr.2d 248, 975 P.2d 37 (Cal. 1999):

Numerous factors inform the decision to release an inmate into law-abiding society, and courts need not inform the defendant of all the contingencies and possibilities that may ensue from a plea of guilty. Nor does the fair and efficient administration of justice require that the trial court inform the defendant of the theoretical minimum portion of a sentence that will have to be served in custody (taking into account potential in-prison conduct or work credits) when he or she pleads guilty to a term whose potential length may be greater; such knowledge, although important to the defendant who pleads guilty, is not required to facilitate a knowing and intelligent decision to plead. (See Hunter v. Fogg, supra, 616 F.2d 55, 61.) An advisement of the statutory or stipulated sentence -- without reference to permissible credits -- is sufficient.

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