California Codes
Cal. Penal Code § 1024 (2026)
Plea
✓ current as of May 2026
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If the defendant refuses to answer the accusatory pleading, by demurrer or plea, a plea of not guilty must be entered.
Notes of Decisions
Cited in 7
cases, 1952–1997 · leading case: Ronald Pennywell v. Ruth Rushen, Dir., California Dep't of Corr., Respondent, 705 F.2d 355 (9th Cir. 1983).
Ronald Pennywell v. Ruth Rushen, Dir., California Dep't of Corr., Respondent, 705 F.2d 355 (9th Cir. 1983). “Cal. Penal Code § 1024 . When it enters an NGI plea on its own motion, as it did here, the plea is invalid.”
People v. Ballentine, 246 P.2d 35 (Cal. 1952). “It merely prohibits the court from receiving a plea of guilty to a felony for which the maximum punishment is death *196 made by a defendant not represented by counsel.”
People v. Martin, 135 Cal. App. 3d 710 (Cal. Ct. App. 1982). “(Pen. Code, § 1024.) 4 On these facts alone, Hawkins would clearly not apply to Martin.”
Branson v. Martin, 56 Cal. App. 4th 300 (Cal. Ct. App. 1997). “1 Penal Code section 1024 states: “If the defendant refuses to answer the accusatory pleading, by demurrer or plea, a plea of not guilty must be entered.”
People v. Bond, 179 Cal. App. 2d 820 (Cal. Ct. App. 1960). “) In the instant ease, the minutes show that defendant on arraignment stood mute as to the prior and denial was accordingly entered (Pen. Code, § 1024). When the matter came up during the early part of the trial, his counsel informed the court that the defendant would admit the…”
People v. Shaver, 239 Cal. App. 2d 213 (Cal. Ct. App. 1966). “Although there is provision for such procedure when the defendant refuses to answer the accusatory pleading (Pen. Code, §1024), there is no provision for doing this when the defendant expresses his desire to plead guilty.”
People v. De Shore, 192 Cal. App. 2d 679 (Cal. Ct. App. 1961). “(Pen. Code, §§ 1024, 1025.) When the first jurors were drawn, the court stated to them the charges in the information and said ‘1 Then there follow three prior convictions against the Defendant, which he denied.”
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