(a)If the public offense charged is a felony not punishable with death, the magistrate shall immediately upon the appearance of counsel for the defendant read the complaint to the defendant and ask him or her whether he or she pleads guilty or not guilty to the offense charged therein and to a previous conviction or convictions of crime if charged. While the charge remains pending before the magistrate and when the defendant’s counsel is present, the defendant may plead guilty to the offense charged, or, with the consent of the magistrate and the district attorney or other counsel for the people, plead nolo contendere to the offense charged or plead guilty or nolo contendere to any other offense the commission of which is necessarily included in that with which he or she is charged, or to an attempt to commit the offense charged and to the previous conviction or convictions of crime if charged upon a plea of guilty or nolo contendere. The magistrate may then fix a reasonable bail as provided by this code, and upon failure to deposit the bail or surety, shall immediately commit the defendant to the sheriff. Upon accepting the plea of guilty or nolo contendere the magistrate shall certify the case, including a copy of all proceedings therein and any testimony that in his or her discretion he or she may require to be taken, to the court in which judgment is to be pronounced at the time specified under subdivision (b), and thereupon the proceedings shall be had as if the defendant had pleaded guilty in that court. This subdivision shall not be construed to authorize the receiving of a plea of guilty or nolo contendere from any defendant not represented by counsel. If the defendant subsequently files a written motion to withdraw the plea under Section 1018, the motion shall be heard and determined by the court before which the plea was entered.
(b)Notwithstanding Section 1191 or 1203, the magistrate shall, upon the receipt of a plea of guilty or nolo contendere and upon the performance of the other duties of the magistrate under this section, immediately appoint a time for pronouncing judgment in the superior court and refer the case to the probation officer if eligible for probation, as prescribed in Section 1191.
Notes of Decisions
Cited in
34
cases (
1 in the last 5 years), 1944–2022 · leading case:
People v. Henderson, 107 Cal. App. 3d 475 (Cal. Ct. App. 1980).
People v. Henderson, 107 Cal. App. 3d 475 (Cal. Ct. App. 1980).
· cites it 2× “Defendant entered a plea of guilty before the magistrate to the felony charge of violation of Penal Code section 273a, subdivision (1), and was certified thereon to the superior court for further proceedings (Pen. Code, § 859a). On December 9, 1975, the superior court adjourned…”
McAlpine v. Superior Court, 209 Cal. App. 3d 1 (Cal. Ct. App. 1989).
· cites it 2× “(Pen. Code, § 859a.) The court found Francois guilty based on the plea, and the matter was certified to superior court for sentence and judgment.”
People v. Mattson, 336 P.2d 937 (Cal. 1959).
“Code, § 859a (defendant not represented by counsel cannot plead guilty before the magistrate), % 860 (only “a defendant represented by counsel” can waive his right to a preliminary examination before the *789 magistrate), 5 1018 (court cannot receive plea of guilty to crime for…”
People v. Forrest, 221 Cal. App. 3d 675 (Cal. Ct. App. 1990).
· cites it 2× “Pursuant to a plea agreement, defendant pled guilty before a magistrate (Pen. Code, § 859a) to two counts of robbery (Pen.”
People v. Crovedi, 417 P.2d 868 (Cal. 1966).
“) Penal Code, § 859a (defendant not represented by counsel cannot plead guilty before the magistrate) ; § 860 (only "a defendant represented by counsel ’ ' can waive his right to a preliminary examination before the magistrate); § 1018 (court cannot receive plea of guilty to…”
In Re James, 240 P.2d 596 (Cal. 1952).
“” (Pen. Code, § 859a.) “If the defendant appears for arraignment without counsel, he must be informed by the court that it is his right to have counsel before being arraigned, and must be asked if he desires the aid of counsel.”
People v. Superior Court (Alvarado), 207 Cal. App. 3d 464 (Cal. Ct. App. 1989).
“2 Penal Code section 859a, subdivision (a), provides in pertinent part: “If the public offense charged is a felony .”
People v. Superior Court of L.A. Cty., 94 Cal. Daily Op. Serv. 7955 (Cal. Ct. App. 1994).
“Code, § 806); and 2) hold the defendant to answer for trial in the superior court (Pen. Code, § 872); or 3) discharge the defendant if there is insufficient evidence (Pen.”
People v. Maddox, 433 P.2d 163 (Cal. 1967).
“We are not here concerned with the practical qualifications to that rule in cases in which the defendant wishes to enter a guilty plea to a charge of felony before the arraigning magistrate (Pen. Code, § 859a), a waiver of his right to a preliminary examination (Pen.”
People v. Jones, 128 Cal. App. 3d 253 (Cal. Ct. App. 1982).
“(Pen. Code, § 859a.) The superior court accepted the plea and referred defendant to the Department of Corrections for a diagnostic evaluation.”
People v. Ottenstror, 273 P.2d 289 (Cal. Ct. App. 1954).
“356 ; Pen. Code, § 859a). Equally without merit is appellant’s contention that the court erred in finding that he was not coerced into committing the crimes to which he pleaded guilty.”
People v. Superior Court (Barke), 64 Cal. App. 3d 710 (Cal. Ct. App. 1976).
“) Penal Code section 859a provides in pertinent part that upon a plea of guilty or nolo contendere to a felony charge, the magistrate in the municipal court shall certify the case to the superior court where proceedings shall be had as if defendant had so pleaded in the superior…”
— Cal. Penal Code § 859a(a) — 1 case
— Cal. Penal Code § 859a(b) — 1 case
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