What is the legal test for establishing a factual basis for a criminal charge?

California, United States of America


The following excerpt is from People v. B.B. (In re B.B.), F065556 (Cal. App. 2013):

"[T]he trial court must garner information regarding the factual basis either from the defendant or defense counsel. If the trial court examines the defendant regarding the factual basis for the plea, the court may have the defendant describe the conduct that gave rise to the charge [citation], or may question the defendant regarding the detailed factual basis described in the complaint or written plea agreement. [Citation.] If the trial court inquires of defense counsel regarding the factual basis, counsel may 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." (People v. Holmes (2004) 32 Cal.4th 432, 442.)

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