What is the legal test for establishing a factual basis for a charge of causing grievous bodily harm against a child?

California, United States of America


The following excerpt is from People v. Moen, E054987 (Cal. App. 2013):

basis for the plea on the record through its own examination by having the defendant describe the conduct that gave rise to the charge [citation], or question the defendant regarding the factual basis described in the complaint or written plea agreement. [Citations.] If the trial court inquires of defense counsel regarding the factual basis, it should request that defense counsel stipulate to a particular document that provides an adequate factual basis, such as a complaint, police report, preliminary hearing transcript, probation report, grand jury transcript, or written plea agreement. [Citation.] Under either approach, a bare statement by the judge that a factual basis exists, without the above inquiry, is inadequate. [Citation.]" (People v. Holmes, supra, 32 Cal.4th at p. 436.)

The court need not obtain an element-by-element factual basis for the plea, but need only obtain a prima facie factual basis. (People v. Marlin (2004) 124 Cal.App.4th 559, 572 [preliminary hearing transcript provided sufficient factual basis for plea to second degree murder of a fetus and other offenses arising from motor vehicle collision].) "Section 273d, subdivision (a), felony infliction of physical injury upon a child, provides, 'Any person who willfully inflicts upon a child any cruel or inhuman corporal punishment or an injury resulting in a traumatic condition is guilty of a felony. . . .' Causing a 'traumatic condition,' means the infliction of 'a wound or other abnormal bodily condition resulting from the application of some external force. [Citation.]'" (People v. Moussabeck (2007) 157 Cal.App.4th 975, 980-981.)

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