Criminal Defense of Immigrants


§ 8.65 (A)

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(A)  In General. Some states require a factual basis before a plea will be allowed to an offense.  For example, in People v. Holmes, the California Supreme Court held that in order to comply with a state statute, the court must establish a “factual basis” for a guilty plea, either by (a) requiring the defendant to describe the conduct that gave rise to the charge; (b) questioning the defendant regarding the factual basis described in the complaint or written plea agreement, or (c) obtaining a stipulation “to a particular document that provides an adequate factual basis, such as a compliant, police report, preliminary hearing transcript, probation report, grand jury transcript, or written plea agreement.”  The court explicitly stated that “a bare statement by the judge that a factual basis exists, without the above inquiry, is inadequate.”[167]  See § 8.11(E), infra. 

[167] People v. Holmes, 32 Cal.4th 432, 436, 9 Cal.Rptr.3d 678 (2004) (internal citations omitted; emphasis added).