California, United States of America
The following excerpt is from People v. Cisneros, C057650 (Cal. App. 1/28/2009), C057650. (Cal. App. 2009):
We are unsure why the People raise this argument here, inasmuch as the police reports are in fact part of the record on appeal. In any event, the People's argument ignores the primary requirement of section 1192.5. While the parties may stipulate to a factual basis in a particular document, it is still necessary that such document contain a factual basis. Otherwise the whole purpose of the factual basis requirementto keep a defendant from unwittingly pleading to a crime he did not commitwould be defeated. (People v. Willard (2007) 154 Cal.App.4th 1329, 1335.)
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