Does counsel have authority to consent to a defendant's guilty plea?

California, United States of America


The following excerpt is from People v. Gorostiza, F075943 (Cal. App. 2020):

"A guilty plea ... is an event of signal significance in a criminal proceeding.... Accordingly, counsel lacks authority to consent to a guilty plea on a client's behalf, [citation]; moreover, a defendant's tacit acquiescence in the decision to plead is

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insufficient to render the plea valid, [citation]." (Florida v. Nixon (2004) 543 U.S. 175, 187-188.)

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