Pleas

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)

Types of pleas

There are six kinds of pleas to an indictment or an information, or to a complaint charging a misdemeanor or infraction:

1. Guilty.

If the defendant plead guilty: “The defendant pleads that he or she is guilty of the offense charged.” (Pen. Code, § 1017, subd. (1).)

2. Not guilty.

If he or she plead not guilty: “The defendant pleads that he or she is not guilty of the offense charged.” (Pen. Code, § 1017, subd. (2).)

3. Nolo contendere, subject to the approval of the court. The court shall ascertain whether the defendant completely understands that a plea of nolo contendere shall be considered the same as a plea of guilty and that, upon a plea of nolo contendere, the court shall find the defendant guilty. The legal effect of such a plea, to a crime punishable as a felony, shall be the same as that of a plea of guilty for all purposes. In cases other than those punishable as felonies, the plea and any admissions required by the court during any inquiry it makes as to the voluntariness of, and factual basis for, the plea may not be used against the defendant as an admission in any civil suit based upon or growing out of the act upon which the criminal prosecution is based.

4. A former judgment of conviction or acquittal of the offense charged.

If he or she plead a former conviction or acquittal: “The defendant pleads that he or she has already been convicted (or acquitted) of the offense charged, by the judgment of the court of ____ (naming it), rendered at ____ (naming the place), on the ____ day of ____.” (Pen. Code, § 1017, subd. (3).)

5. Once in jeopardy.

If he or she plead once in jeopardy: “The defendant pleads that he or she has been once in jeopardy for the offense charged (specifying the time, place, and court).” (Pen. Code, § 1017, subd. (4).)

6. Not guilty by reason of insanity.

If he or she plead not guilty by reason of insanity: “The defendant pleads that he or she is not guilty of the offense charged because he or she was insane at the time that he or she is alleged to have committed the unlawful act.” (Pen. Code, § 1017, subd. (5).)

A defendant who does not plead guilty may enter one or more of the other pleas. A defendant who does not plead not guilty by reason of insanity shall be conclusively presumed to have been sane at the time of the commission of the offense charged; provided, that the court may for good cause shown allow a change of plea at any time before the commencement of the trial. A defendant who pleads not guilty by reason of insanity, without also pleading not guilty, thereby admits the commission of the offense charged.

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."

Entry of pleas

Penal Code section 1018: Unless otherwise provided by law, every plea shall be entered or withdrawn by the defendant himself or herself in open court. No plea of guilty of a felony for which the maximum punishment is death, or life imprisonment without the possibility of parole, shall be received from a defendant who does not appear with counsel, nor shall that plea be received without the consent of the defendant’s counsel. No plea of guilty of a felony for which the maximum punishment is not death or life imprisonment without the possibility of parole shall be accepted from any defendant who does not appear with counsel unless the court shall first fully inform him or her of the right to counsel and unless the court shall find that the defendant understands the right to counsel and freely waives it, and then only if the defendant has expressly stated in open court, to the court, that he or she does not wish to be represented by counsel. On application of the defendant at any time before judgment or within six months after an order granting probation is made if entry of judgment is suspended, the court may, and in case of a defendant who appeared without counsel at the time of the plea the court shall, for a good cause shown, permit the plea of guilty to be withdrawn and a plea of not guilty substituted. Upon indictment or information against a corporation a plea of guilty may be put in by counsel. This section shall be liberally construed to effect these objects and to promote justice.

No contest or nolo contendere pleas

A no contest plea is actually a plea of "nolo contendere". (Penal Code, &1016, subd. (3).) Nolo contendere is Latin for "I do not wish to contend." (Garner, Garner's Dictionary of Legal Usage (3d ed. 2011) p. 607, col. 1.)

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.)