How has a defendant entered a no contest plea on a charge of assault with intent to pervert the course of justice?

California, United States of America


The following excerpt is from People v. Deleon, A153190 (Cal. App. 2018):

Defendant entered a no contest plea on the condition that he would be placed on three years of probation, with "jail [time] to be determined by the court[.]" The plea included a Boykin-Tahl waiver (Boykin v. Alabama (1969) 395 U.S. 238; In re Tahl (1969) 1 Cal.3d 122), i.e., a waiver of the right to a jury trial, the right to confront witnesses, and the right against self-incrimination. Defense counsel stipulated there was a factual basis for the plea.

At sentencing, defendant entered an Arbuckle waiver (People v. Arbuckle (1978) 22 Cal.3d 749 [waiver of the right to have the same judge who took the plea impose the sentence]), and the trial court placed defendant on three years of probation with various conditions, including that he serve six months in county jail. The court deemed defendant ineligible for "alternatives" such as work furlough. The court reserved victim restitution, imposed various fines and fees, and awarded defendant one day of custody credit.

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