What is the test for establishing the factual basis for a no contest plea?
California, United States of America
The following excerpt is from People v. Davis, 2d Crim. No. B261607 (Cal. App. 2015):
2. "If the trial court inquires of defense counsel regarding the factual basis [for his client's guilty or no contest plea], 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.]" (People v. Holmes (2004) 32 Cal.4th 432, 436.)
"The most advanced legal research software ever built."
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.
Other Questions
Does a plea of guilty or no contest forecloses an appellate challenge to the factual basis of the plea? (California, United States of America)
Can a defendant withdraw a plea of no contest to a charge of assault because he felt he was under duress when he entered his no contest plea? (California, United States of America)
Can a defendant challenge the factual basis for their no contest plea? (California, United States of America)
What is the factual basis for a defendant's no contest plea? (California, United States of America)
Can a criminal defendant who appeals following a plea of no contest or guilty without a certificate of probable cause raise issues arising after the plea that do not affect the validity of the plea? (California, United States of America)
Is a defendant entitled to challenge the factual basis of his no contest plea? (California, United States of America)
Can a defendant withdraw a plea of no contest pursuant to a plea agreement? (California, United States of America)
What is the basis for a no contest plea in a sexual assault case? (California, United States of America)
When a defendant changes his or her plea to guilty or no contest in a civil case, does the plea constitute a judicial admission of every element of the charge? (California, United States of America)
When a defendant enters a plea of guilty or no contest, can he challenge the validity of the plea on appeal? (California, United States of America)
