California, United States of America
The following excerpt is from People v. Samaniego, A118368 (Cal. App. 4/15/2008), A118368 (Cal. App. 2008):
On May 15, 2007, as part of a negotiated plea, defendant signed a waiver form and pleaded no contest to unlawfully driving a vehicle while under the influence and combined influence of an alcoholic beverage and having suffered three prior convictions within the previous 10 years. The other charges were dismissed. Defendant also admitted he had violated probation, and the court therefore properly reinstated probation but terminated it as unsuccessful. By pleading guilty to the charges, defendant admitted the sufficiency of the evidence establishing the charged offenses, and therefore is not entitled to review of any issue that merely goes to the question of his guilt or innocence. (People v. Hunter (2002) 100 Cal.App.4th 37, 42.) Defendant sought and obtained a certificate of probable cause, allowing him to raise the issue of the effective assistance of counsel. The record reveals no basis for a claim of ineffective assistance of counsel, however, as defendant was represented by private counsel, who provided competent representation, raising and arguing defendant's speedy trial rights and obtaining a favorable negotiated plea bargain notwithstanding that the evidence against his client was overwhelming. The court ensured defendant's plea was voluntary, questioning him about it in open court, and accepting the waiver form, which recited all the rights defendant was waiving, and which defendant filled out and initialed at all the appropriate places. Defendant's attorney agreed there was a factual basis for the plea, and the evidence fully supports defendant's admissions.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.