Is a defendant entitled to challenge the factual basis of his no contest plea?

California, United States of America


The following excerpt is from People v. Osuna, C085439 (Cal. App. 2018):

A no contest plea admits every element of the charged offense and constitutes a conviction. (People v. Zuniga (2014) 225 Cal.App.4th 1178, 1186.) A defendant challenging the factual basis for his no contest plea " 'is properly viewed as [challenging] the validity of the plea itself.' [Citation.]" (Id. at p. 1187.) When defendant entered his no contest pleas, he conclusively admitted guilt and acknowledged that the trial court could lawfully impose any sentence within the plea agreement's terms. His sentence complied with the plea agreement. The trial court imposed a term below the stipulated lid of seven years eight months.

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