Plea bargain: Difference between revisions
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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 | |||
Revision as of 23:59, 12 May 2022
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].)
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