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].)

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

Judge withdrawing approval

People v. Pixley [1]

“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