Pleas: Difference between revisions
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People v. Superior Court (Barke) (1976) | People v. Superior Court (Barke) (1976) | ||
==Entry of plea== | |||
A defendant may enter multiple pleas. Under Penal Code section 1016, "A defendant who does not plead guilty may enter one or more of the other pleas." For example, a defendant can plead both "not guilty" and "not guilty by reason of insanity." If a defendant only enters "not guilty by reason of insanity," but doesn't plead not guilty, under Penal Code section 1016, "A defendant who pleads not guilty by reason of insanity, without also pleading not guilty, thereby admits the commission of the offense charged." | |||
==No contest pleas== | ==No contest pleas== | ||
Revision as of 20:29, 17 May 2025
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.)
People v. Superior Court (Barke) (1976)
Entry of plea
A defendant may enter multiple pleas. Under Penal Code section 1016, "A defendant who does not plead guilty may enter one or more of the other pleas." For example, a defendant can plead both "not guilty" and "not guilty by reason of insanity." If a defendant only enters "not guilty by reason of insanity," but doesn't plead not guilty, under Penal Code section 1016, "A defendant who pleads not guilty by reason of insanity, without also pleading not guilty, thereby admits the commission of the offense charged."
No contest pleas
A misdemeanor plea of no contest under People v. West is sufficient evidence to prove that a defendant did not obey all laws in a violation of probation hearing. (People v. Ruen (2011) 201 Cal.App.4th 421.)
A court can take judicial notice of a misdemeanor plea of no contest to find that a defendant did not obey all laws in a violation of probation hearing. (People v. Chagolla (1984) 151 Cal.App.3d 1045, 1048-1049.)
No contest plea is admissible at penalty phase. (People v. Adcox (1988) 47 Cal.3d 207, 254.)
A no contest plea is admissible as an admission. (People v. Bradford (1997) 15 Cal.4th 1229, 1374.)