(a) Upon a plea of guilty or nolo contendere to an accusatory pleading charging a felony, other than a violation of paragraph (2), (3), or (6) of subdivision (a) of Section 261, paragraph (1) or (4) of subdivision (a) of former Section 262, Section 264.1, Section 286 or 287 or former Section 288a by force, violence, duress, menace, or threat of great bodily harm, subdivision (b) of Section 288, or subdivision (a) of Section 289, the plea may specify the punishment to the same extent as it may be specified by the jury on a plea of not guilty or fixed by the court on a plea of guilty, nolo contendere, or not guilty, and may specify the exercise by the court thereafter of other powers legally available to it.
(b)When the plea is accepted by the prosecuting attorney
in open court and is approved by the court, the defendant, except as otherwise provided in this section, cannot be sentenced on the plea to a punishment more severe than that specified in the plea and the court may not proceed as to the plea other than as specified in the plea.
(c) If the court approves of the plea, it shall inform the defendant prior to the making of the plea that (1) its approval is not binding, (2) it may, at the time set for the hearing on the application for probation or pronouncement of judgment, withdraw its approval in the light of further consideration of the matter, and (3) in that case, the defendant shall be permitted to withdraw the plea if the defendant desires to do so. The court shall also 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.
(d) If the plea is not accepted by the prosecuting attorney and approved by the court, the plea shall be deemed withdrawn and the defendant may then enter the plea or pleas as would otherwise have been available.
(e) If the plea is withdrawn or deemed withdrawn, it may not be received in evidence in any criminal, civil, or special action or proceeding of any nature, including proceedings before agencies, commissions, boards, and tribunals.
Notes of Decisions
Descamps v. United States, 570 U.S. 254 (2013).
· cites it 2× “In order to accept petitioner’s plea, the trial court was required under Cali- fornia law to ensure that the plea had a factual basis, see Cal. Penal Code Ann. §1192.5 (1978); App.”
People v. Cobb, 139 Cal. App. 3d 578 (Cal. Ct. App. 1983).
· cites it 10× “As I shall explain, Penal Code section 1192.5 and the California cases construing the statute give appellant the right to have the bargain considered by the court.”
People v. Palmer, 313 P.3d 512 (Cal. 2013).
· cites it 4× “(Pen. Code, § 1192.5.) That requirement, defendant here asserts, was not met and therefore his conviction should be reversed and the case remanded to the trial court to decide whether a factual basis exists for the plea.”
Delano Marco Medina, 2023 CO 46 (Colo. 2023).
“11(b)(6) expressly allows defendants to waive proof of a factual basis if their plea is entered as the result of a plea agreement.”
Michael Cuero v. Matthew Cate, 827 F.3d 879 (9th Cir. 2016).
· cites it 3× “2012) (“[A]n enforceable termination clause that gives a promisor an unrestricted power to terminate a contract at any time, without notice, 11 The state argues that its conduct was appropriate because California Penal Code § 1192.5 allows a state court to, among other things,…”
People v. Segura, 188 P.3d 649 (Cal. 2008).
· cites it 2× “’ (Pen. Code, § 1192.5.) Defendant received probation under the precise conditions ‘specified in the plea,’ and to the extent that the analogy of a plea bargain to a contract with the court is apt, the court fulfilled its responsibilities.”
In Re Alvernaz, 830 P.2d 747 (Cal. 1992).
· cites it 2× “[5] It is true that in California a statute requires each court taking a guilty plea to "cause an inquiry to be made of the defendant" in order to "satisfy itself .”
Giovanazzi v. State Bar, 619 P.2d 1005 (Cal. 1980).
· cites it 4× “2d 409 ]; Pen. Code, § 1192.5.) Those cases and statutory law relate to pleas in criminal cases.”
People v. Jermaine B., 99 Cal. Daily Op. Serv. 800 (Cal. Ct. App. 1999).
· cites it 6× “" (Pen.Code, § 1192.5.) "When a guilty plea is entered in exchange for specified benefits such as the dismissal of other counts or an agreed maximum punishment, both parties, including the state, must abide by the terms of the agreement.”
People v. Arbuckle, 587 P.2d 220 (Cal. 1978).
· cites it 2× “II (4) Defendant further urges that Judge Roberts' refusal to transfer the case to Judge London was erroneous; he asserts one of the terms implicit in the plea bargain was that Judge London would perform the sentencing function.”
People v. Chadd, 621 P.2d 837 (Cal. 1981).
· cites it 2× “" (Pen. Code, § 1192.5, 3d par.) [9] Similarly, in Commonwealth v.”
People v. Superior Court (Felmann), 59 Cal. App. 3d 270 (Cal. Ct. App. 1976).
· cites it 4× “5 does preclude the trial judge from entering into a bargain in the sense of negotiating a more lenient sentence than would be imposed after trial in return for a plea of guilty or nolo contendere; (2) Penal Code section 1192.5 cannot constitutionally be construed to prevent a…”
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