Pleas: Difference between revisions

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(Created page with "A plea of guilty waives any defects in form of the allegations of the accusatory pleading. (People v. Dysart (1940) 39 Cal.App.2d 287, 292, 102 P.2d 1091.) It also waives an...")
 
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People v. Hughes (1980) 112 Cal.App.3d 452, 460
People v. Hughes (1980) 112 Cal.App.3d 452, 460
A court cannot reject a competent defendant's guilty plea. (People v. Reza (1984) 152 Cal.App.3d 647, 653.) But there are some limited exceptions. (See Cronk v. Municipal Court (1982) 138 Cal.App.3d 351; People v. Michaels (2002) 28 Cal.4th 486.)

Revision as of 20:53, 13 March 2022

A plea of guilty waives any defects in form of the allegations of the accusatory pleading. (People v. Dysart (1940) 39 Cal.App.2d 287, 292, 102 P.2d 1091.)

It also waives any variance as to stated value of items taken if they are otherwise correctly described (People v. Blumen (1927) 87 Cal.App. 236, 242-243, 261 P. 1103);

and it waives territorial jurisdiction (People v. Tabucchi (1976) 64 Cal.App.3d 133, 141, 134 Cal.Rptr. 245).

People v. Hughes (1980) 112 Cal.App.3d 452, 460

A court cannot reject a competent defendant's guilty plea. (People v. Reza (1984) 152 Cal.App.3d 647, 653.) But there are some limited exceptions. (See Cronk v. Municipal Court (1982) 138 Cal.App.3d 351; People v. Michaels (2002) 28 Cal.4th 486.)