Supreme Court of California

Defendant's conviction on a plea of no contest to one count of possessing methylenedioxymethamphetamine (MDMA) for sale is affirmed, where: 1) a claim that the trial court failed to establish a factual basis for the plea under Penal Code section 1192.5 is cognizable on appeal notwithstanding the fact that defense counsel stipulated to a factual basis; 2) a bare stipulation without reference to any document describing the facts may, in an appropriate case, satisfy the requirements of section 1192.5; 3) here, where 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 abuse its discretion in finding a factual basis for defendant's no contest plea based on counsel's stipulation.

Appellate Information

• Decided 12/05/2013
• Published 12/05/2013

Judges

• WERDEGAR

Court

• Supreme Court of California

Counsel