[Download] "People V. Holmes" by In the Supreme Court of California * eBook PDF Kindle ePub Free
eBook details
- Title: People V. Holmes
- Author : In the Supreme Court of California
- Release Date : January 19, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
There are two types of guilty or no contest pleas in California: (1) a conditional plea, where the plea is conditioned upon receipt of a particular disposition; and (2) an unconditional or open plea. (People v. Hoffard (1995) 10 Cal.4th 1170, 1181.) When taking a conditional plea of guilty or nolo contendere (hereafter no contest) to an accusatory pleading charging a felony, Penal Code section 1192.5 *fn1 requires a trial court to "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." We granted review in this case to consider whether the trial court established a sufficient factual basis for appellant's guilty plea as required by section 1192.5. In doing so, we provide guidelines for the trial courts regarding how to comply with their obligations under section 1192.5 and what constitutes a "factual basis for the plea."
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