Tuesday, November 29, 2011

No Challenge of Factual Basis for Plea

Defendants who plead guilty or no contest may not challenge on appear the trial court's conclusion that a factual basis existed for a plea, according to the 6th Appellate District in California.  The court held that a criminal defendant who pleads guilty or no contest is judicially estopped from seeking substantive appellate review of guilt or innocence by challenging a trial court's conclusion that there existed a factual basis for the plea.

The case is: People v. Voit, C.A. 6th; November 18, 2011; H035882.