Plea bargain

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].)