There are six kinds of pleas to an indictment or an information, or to a complaint charging a misdemeanor or infraction:
1.Guilty.
2.Not guilty.
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.
5.Once in jeopardy.
6.Not guilty by reason of insanity.
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.
Notes of Decisions
Calvillo-Silva v. Home Grocery, 968 P.2d 65 (Cal. 1998).
· cites it 8× “18, 968 P.2d p. 81, fn. 18.) I disagree because, under well settled California law, a conviction by plea of guilty or no contest does not preclude the convicted person from relitigating issues of guilty conduct or intent in a subsequent civil trial, although the plea, whether…”
People v. Yartz, 123 P.3d 604 (Cal. 2005).
· cites it 10× “) Before its 1982 amendment, Penal Code section 1016, former subdivision (3), provided that a defendant’s nolo contendere 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…”
Derrick Loftis v. Almager, 704 F.3d 645 (9th Cir. 2012).
· cites it 4× “See Cal. Penal Code § 1016 (3). Judge Tashima argues that even if a West plea is not equivalent to a claim of innocence, it at least qualifies as a “special circumstance.”
United States v. McMurray, 653 F.3d 367 (6th Cir. 2011).
· cites it 2× “") (citing Cal.Penal Code § 1016). The Second Circuit has also explicitly agreed with this approach.”
In Re Alvernaz, 830 P.2d 747 (Cal. 1992).
· cites it 2× “" (Pen. Code, § 1016, subd. 3, italics added.”
People v. Coddington, 2 P.3d 1081 (Cal. 2000).
· cites it 2× “The defendant who would invoke insanity must plead it (Pen.Code, § 1016; see id., § 1026 et seq.”
People v. Chadd, 621 P.2d 837 (Cal. 1981).
· cites it 2× “Thus it is the legislative prerogative to specify which pleas the defendant may elect to enter (Pen. Code, § 1016), [5] when he may do so ( id.”
Stone v. Superior Court, 646 P.2d 809 (Cal. 1982).
· cites it 2× “Also, defendants will be protected from having to endure a second trial after being once placed in jeopardy.”
In re Reno, 283 P.3d 1181 (Cal. 2012).
“ting that his trial in Memro II violated his double jeopardy rights, and that those rights find their genesis in the United States Constitution, petitioner alleges no facts nor provides any argument why this error is so serious and fundamental that we should entertain it now,…”
People v. Miracle, 430 P.3d 847 (Cal. 2018).
“Thus it is the legislative prerogative to specify which pleas the defendant may elect to enter ( Pen. Code, § 1016 ), when he may do so ( id .”
In Re Walker, 518 P.2d 1129 (Cal. 1974).
· cites it 4× “2d 330 , petitioner did not enter a not guilty plea but rather the single plea of not guilty by reason of insanity, "thereby admitting commission of the basic act which, if not qualified under the special plea, constitutes the offense charged.”
— Cal. Penal Code § 1016(3) — 14 cases
Derrick Loftis v. Almager, 704 F.3d 645 (9th Cir. 2012).
“See Cal. Penal Code § 1016 (3). Judge Tashima argues that even if a West plea is not equivalent to a claim of innocence, it at least qualifies as a “special circumstance.”
People v. Yartz, 123 P.3d 604 (Cal. 2005).
“) Before its 1982 amendment, Penal Code section 1016, former subdivision (3), provided that a defendant’s nolo contendere 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…”
— Cal. Penal Code § 1016(6) — 3 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.