Is a stipulation that admits the elements of a charged crime tantamount to a guilty plea?

California, United States of America


The following excerpt is from People v. Gomez, B295182 (Cal. App. 2020):

state criminal trial.' [Citation.] These include the privilege against self-incrimination, the right to trial by jury, and the right to confrontation. [Citation.] . . . A stipulation that admits all of the elements of a charged crime necessary for a conviction is tantamount to a guilty plea. [Citations.] Accordingly, the record must demonstrate that the defendant voluntarily and intelligently waived his constitutional trial rights." (People v. Farwell (2018) 5 Cal.5th 295, 299-300 (Farwell).) In other words, "the record must affirmatively demonstrate that the defendant understood the agreement effectively extinguished his trial rights." (Id. at 306.)

Other Questions


When a crime does not qualify as a lesser included offense because all of its elements are not subsumed within the elements of the charged crime or the charging allegations? (California, United States of America)
Does a plea of not guilty put "all the elements of the elements" of a charged murder charge in issue? (California, United States of America)
Can a defendant be convicted of an uncharged crime if, but only if, the un charged crime is necessarily included in the charged crime? (California, United States of America)
Does a stipulation requiring a defendant to plead not guilty to a charge of first degree murder constitute a plea of guilty entered by counsel? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime, does other-crimes evidence admissible? (California, United States of America)
Does a defendant have to plead guilty to a charge that was dismissed in exchange for a plea of guilty to another charge? (California, United States of America)
Is a charged crime a natural and probable consequence of the target crime if the charged crime was reasonably foreseeable? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime because of mistake or accident, is intent to commit the crime admissible? (California, United States of America)
When a defendant changes his or her plea to guilty or no contest in a civil case, does the plea constitute a judicial admission of every element of the charge? (California, United States of America)
In what circumstances will a defendant plead guilty to a crime charged or to any other crime under California Evidence Code section 1153.4? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.