Is a plea of guilty sufficient to overturn a conviction of sexual assault?

Neither is subdivision 6 of Penal Code section 1181 applicable upon a plea of guilty. That part of the statute provides that upon defendant's motion for new trial: " . . . if the evidence shows the defendant to be not guilty of the degree of the crime of which he was convicted, but guilty of a lesser degree thereof, or of a lesser crime included therein, the court may modify the verdict, finding or judgment accordingly without granting or ordering a new trial . . . ." This section presupposes the need to examine evidence upon which the defendant was convicted. The section can apply only to a conviction founded upon evidence presented and a decision by the trier of fact. It does not apply to a conviction by plea. Since a guilty plea admits all the elements of an offense charged (People v. Meals, 49 Cal.App.3d 702, 706, 122 Cal.Rptr. 585), the sufficiency of the evidence cannot be attacked or inquired into after a guilty plea.