People v. Palmer
Annotate this CaseDefendant pled no contest to possession of methylenedioxymethamphetamine. As part of the plea proceeding, Defendant waived a preliminary hearing and a probation report. After the prosecutor conducted a voir dire of Defendant, defense counsel stipulated to the existence of a factual basis for Defendant's plea without referring to any document to support the stipulation. The trial court accepted the plea. Defendant appealed, contending the trial court failed to establish a factual basis for his plea under Cal. Penal Code 1192.5. The court of appeals affirmed. The Supreme Court affirmed, holding that because Defendant acknowledged in the plea colloquy that he had discussed the elements of the crime and any defenses with his counsel and was satisfied with her advice, the trial court did not err in finding a factual basis for Defendant's no contest plea based on counsel's stipulation.
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