Plea bargain - Revision history

Sysop at 02:35, 25 May 2025

2025-05-25T02:35:27Z

← Older revision		Revision as of 02:35, 25 May 2025
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	People v. Tigner (1982) 133 Cal.App.3d 430		People v. Tigner (1982) 133 Cal.App.3d 430


			==Judge withdrawing approval==

			People v. Pixley [https://www.courts.ca.gov/opinions/documents/E075758.PDF]


			“While plea bargaining offers an intelligent and economically necessary solution to the practical problems which arise in the administration of the criminal justice system, plea bargains themselves should not offend the fundamental notions of justice and criminal liability and accountability which underlie that system. Moreover, the practical benefits of plea bargaining should never outweigh the public's interest in the vigorous prosecution of the accused, the imposition of appropriate punishment, and the protection of victims of crimes.” People v. Cardoza (1984) 161 Cal.App.3d 40, 43:




			Clark v. Superior 2005 WL 2375165 F047630

			Since Mikhail involved a plea to a lesser included offense, that court had no occasion to discuss the effect of section 1192.1 et seq. on lesser related offenses. Accordingly, we construe that court's reference to “an unconditional plea to a lesser offense or degree than that originally charged” (Mikhail, supra, 13 Cal.App.4th at p. 857) as alluding to an unconditional plea to a lesser included offense.

			We note that here, unlike in Mikhail, the prosecutor did not object to the court's rejection of the plea. (See Mikhail, supra, 13 Cal.App.4th at pp. 851-852.)

			People v. Martinez, F050714

			People v. Drummond, A119118

			People v. Segura (2008) 44 Cal.4th 921

			People v. Cardoza (1984) 161 Cal.App.3d 40

			People v. Orin (1975) 13 CaL.3d 937

			People v. Thomas, A097987

Sysop at 23:59, 12 May 2022

2022-05-12T23:59:42Z

← Older revision		Revision as of 23:59, 12 May 2022
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	The factual basis for a plea does not need a documentary basis such as a police report or probation report. The factual basis can just be an oral stipulation by counsel.		The factual basis for a plea does not need a documentary basis such as a police report or probation report. The factual basis can just be an oral stipulation by counsel.
	(''People v. Palmer'' (Dec. 5, 2013, S204409) ___ Cal.4th ___ [2013 D.A.R. 15893] <http://www.courts.ca.gov/opinions/documents/S204409.PDF>; contra ''People v. Willard'' (2007) 154 Cal.App.4th 1329, 1334-1335 [holding that a bare stipulation by defense counsel is insufficient for a factual basis].)		(''People v. Palmer'' (Dec. 5, 2013, S204409) ___ Cal.4th ___ [2013 D.A.R. 15893] <http://www.courts.ca.gov/opinions/documents/S204409.PDF>; contra ''People v. Willard'' (2007) 154 Cal.App.4th 1329, 1334-1335 [holding that a bare stipulation by defense counsel is insufficient for a factual basis].)

			People v. Watts (1977) 67 Cal.App.3d 173

			People v. Enright (1982) 132 Cal.App.3d 631

			People v. McGuire (1991) 1 Cal.App.4th 281

			People v. Willard (2007) 154 Cal.App.4th 1329

			People v. Tigner (1982) 133 Cal.App.3d 430

Sysop: Created page with "==Factual basis== Penal Code § 1192.5: The court shall also cause an inquiry to be made of the defendant to satisfy itself that the plea is freely and voluntarily made,..."

2014-04-11T20:48:18Z

Created page with "==Factual basis== Penal Code § 1192.5: The court shall also cause an inquiry to be made of the defendant to satisfy itself that the plea is freely and voluntarily made,..."

New page

==Factual basis==

Penal Code § 1192.5: The court shall also cause an inquiry to be made of the defendant to satisfy itself that the plea is freely and voluntarily made, and that there is a factual basis for the plea.

The factual basis for a plea does not need a documentary basis such as a police report or probation report. The factual basis can just be an oral stipulation by counsel.
(''People v. Palmer'' (Dec. 5, 2013, S204409) ___ Cal.4th ___ [2013 D.A.R. 15893] <http://www.courts.ca.gov/opinions/documents/S204409.PDF>; contra ''People v. Willard'' (2007) 154 Cal.App.4th 1329, 1334-1335 [holding that a bare stipulation by defense counsel is insufficient for a factual basis].)