Does a defendant's failure to object to the factual basis of an allegation of sexual assault constitute an admission?
California, United States of America
The following excerpt is from People v. Hughes, C071536 (Cal. App. 2015):
2. For this reason we reject defendant's claim that "[t]he admissions made . . . in connection with [defendant's] plea of guilty to count 2, . . . were obtained in violation of his constitutional rights to trial by jury, to confrontation, and against self-incrimination." As just discussed, the failure to object to the factual basis did not amount to an admission. (People v. French, supra, 43 Cal.4th at pp. 50-51.)
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