California, United States of America
The following excerpt is from People v. Richardson, 279 Cal.Rptr.3d 602, 65 Cal.App.5th 360 (Cal. App. 2021):
"Pursuant to section 1192.5, a trial court is obligated to determine whether there is a factual basis for a plea of guilty or no contest when that plea arises from a negotiated resolution of the charges. (See People v. Hoffard [(1995)] 10 Cal.4th [1170,] 1182 [43 Cal.Rptr.2d 827, 899 P.2d 896].) Although not constitutionally required ( id. at p. 1183 [43 Cal.Rptr.2d 827, 899 P.2d 896] ), such an inquiry furthers constitutional considerations attending a guilty plea ( id. at p. 1183, fn. 11 [43 Cal.Rptr.2d 827, 899 P.2d 896] ), protects against the entry of a guilty plea by an innocent defendant, and makes a record in the event of appellate or collateral attacks on that plea. ( Id. at p. 1183 [43 Cal.Rptr.2d 827, 899 P.2d 896].) ... A sufficient factual inquiry must be considered a necessary component of the legality of the proceedings. To decide otherwise would preclude review of the factual basis for a plea of guilty or no contest thereby frustrating the
[279 Cal.Rptr.3d 612]
policies the statute is intended to advance....
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.