Is a defendant's guilty plea and waiver of constitutional rights voluntary?

California, United States of America


The following excerpt is from People v. Blackmon, F068462 (Cal. App. 2015):

A defendant's guilty plea and waiver of constitutional rights must be knowing, intelligent, and voluntary"made with a full awareness of the nature of the right being waived and the consequences of the waiver...." (People v. Smith (2003) 110 Cal.App.4th 492, 500.) As set forth above, the court carefully advised defendant of the consequences of his plea to attempted murder. When the court addressed the enhancements, it advised defendant of the potential additional terms that would result from his admissions, and asked whether he still wanted to enter the plea. Defendant said yes.

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