inquires defense in California

2025If the trial court inquires of the defendant regarding the factual basis, the court may develop the factual basis for the plea on the record through its own examination by having the defendant describe the conduct that gave rise to the charge [citation], or question the defendant regarding the factual basis described in the complaint or written plea agreement. [Citations.] If the trial court inquires of defense counsel regarding the factual basis, it should request that defense counsel stipulate to a particular document that provides an adequate factual basis, such as a complaint, police repor

2022Code, § 1016, subd. 3.)1 “Section 1192.5 provides that for a conditional plea of guilty or no contest, the trial court is required 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.’ ” (People v. Holmes (2004) 32 Cal.4th 432, 438 ; see § 1192.5, subd. (c).) This can be accomplished “by directly questioning the defendant, or by garnering statements and admissions by his counsel.” ( Holmes, supra, at p. 440 .) “If the trial court inquires of defense counsel regarding the factual basis, c

2013The trial court‟s acceptance of the … plea, after pursuing an inquiry to satisfy itself that there is a factual basis for the plea, will be reversed only for abuse of discretion. [Citation.] A finding of error under this 21. standard will qualify as harmless where the contents of the record support a finding of a factual basis for the … plea. [Citations.]” (People v. Holmes, supra, 32 Cal.4th at p. 443 ; People v. Wilkerson (1992) 6 Cal.App.4th 1571, 1576 .) For example, in In re Michael B. (1980) 28 Cal.3d 548 , the trial court failed to enter a finding that there was a factual basis for the

2013The trial court’s acceptance of the … plea, after pursuing an inquiry to satisfy itself that there is a factual basis for the plea, will be reversed only for abuse of discretion. [Citation.] A finding of error under this standard will qualify as harmless where the contents of the record support a finding of a factual basis for the … plea. [Citations.]” (People v. Holmes, supra, 32 Cal.4th at p. 443 ; People v. Wilkerson (1992) 6 Cal.App.4th 1571, 1576 .) For example, in In re Michael B. (1980) 28 Cal.3d 548 , the trial court failed to enter a finding that there was a factual basis for the mino

2016Code, § 1192.5 ¶ 3.) In doing so, “the trial court must garner information regarding the factual basis either from the defendant or defense counsel.” (People v. Holmes (2004) 32 Cal.4th 432, 442 (Holmes).) “If the trial court inquires of defense counsel regarding the factual basis, counsel may stipulate to a particular document that provides an adequate factual basis, such as a complaint, police report, preliminary hearing transcript, probation report, grand jury transcript, or written plea agreement.” (Ibid.) The trial court may also “satisfy its statutory duty by accepting a stipulation from

2016Code, § 1192.5 ¶ 3.) In doing so, “the trial court must garner information regarding the factual basis either from the defendant or defense counsel.” (People v. Holmes (2004) 32 Cal.4th 432, 442 (Holmes).) “If the trial court inquires of defense counsel regarding the factual basis, counsel may stipulate to a particular document that provides an adequate factual basis, such as a complaint, police report, preliminary hearing transcript, probation report, grand jury transcript, or written plea agreement.” (Ibid.) The trial court may also “satisfy its statutory duty by accepting a stipulation from

2013(People v. Marlin (2004) 124 Cal.App.4th 559, 572 [preliminary hearing transcript provided sufficient factual basis for plea to second degree murder of a fetus and other offenses arising from motor vehicle collision].) “Section 273d, subdivision (a), felony infliction of physical injury upon a child, provides, „Any person who willfully inflicts upon a child any cruel or inhuman corporal punishment or an injury resulting in a traumatic condition is guilty of a felony. . . .‟ Causing a „traumatic condition,‟ means the infliction of „a wound or other abnormal bodily condition resulting from the a

2004(See, e.g., United States v. Sias (5th Cir. 2000) 227 F.3d 244, 245 , fh. 1; United States v. Montoya-Camacho (5th Cir. 1981) 644 F.2d 480, 487 (Montoya-Camacho).) If the trial court inquires of defense counsel regarding the factual basis, it should request that defense counsel stipulate to a particular document that provides an adequate factual basis, such as a complaint, police report, preliminary hearing transcript, probation report, grand jury transcript, or written plea agreement.

2004(Montoya-Camacho, supra, 644 F.2d at p. 487 .) If the trial court inquires of defense counsel regarding the factual basis, counsel may stipulate to a particular document that provides an adequate factual basis, such as a complaint, police report, preliminary hearing transcript, probation report, grand jury transcript, or written plea agreement. ( Wilkerson, supra, 6 Cal.App.4th at pp. 1576-1579.) III.