What is the standard for determining the validity of a guilty plea?

California, United States of America


The following excerpt is from People v. Canty, C050772 (Cal. App. 4/24/2007), C050772 (Cal. App. 2007):

"[T]he standard for determining the validity of a guilty plea `was and remains whether the plea represents a voluntary and intelligent choice among the alternative courses of action open to the defendant.' . . . `[T]he record must affirmatively disclose that a defendant who pleaded guilty entered his plea understandingly and voluntarily.'" (People v. Howard (1992) 1 Cal.4th 1132, 1177.)

"[A] defendant's waiver of the right to jury trial may not be accepted by the court unless it is knowing and intelligent, that is, `"`made with a full awareness both of the nature of the right being abandoned and the consequences of the decision to abandon it,'"' as well as voluntary `"`in the sense that it was the product of a free and deliberate choice rather than intimidation, coercion, or deception.'"'" (People v. Collins (2001) 26 Cal.4th 297, 305.)

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