How have courts interpreted a statement of facts derived from a preconviction report?

California, United States of America


The following excerpt is from People v. Moore, B265499 (Cal. App. 2016):

1. The statement of facts is derived from appellant's preconviction report (Pen. Code, 1203.7), which summarizes the police report, since appellant pled no contest prior to a preliminary hearing. Appellant stipulated that the factual basis for the plea could be found in the police report. (See People v. Holmes (2004) 32 Cal.4th 432, 440 [When both parties stipulate on the record to a document, such as a police report, the factual basis requirement for the plea is met].)

All further statutory references are to the Penal Code unless otherwise indicated.

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