Coulter

— Here we hold that in accepting a guilty plea, a trial court, with the express or implied consent of the defendant, may put the issue of a factual basis for the plea over to the sentencing hearing. As we shall explain, in this situation the reason for the rule is satisfied and any error in the timing of the inquiry is harmless.

Jack Henry Coulter appeals his convictions by plea of first degree murder (Pen. Code, §§ 187, subd. (a), 189), two counts of attempted robbery (§§ 664, 211), and two counts of assault with a firearm (§ 245, subd. (a)(2)). Pursuant to the negotiated disposition, appellant admitted that he personally discharged a firearm in the commission of the murder (§ 12022.53, subd. (d)) and attempted robberies (§ 12022.53, subd. (c)). He thus avoided the death penalty or a sentence of life without the possibility of parole. He was sentenced to 50 years to life in state prison with possibility of parole.

Appellant apparently realizes that he cannot show, as a matter of law, that the trial court abused its discretion by not allowing withdrawal from the negotiated disposition. (E.g., People v. Holmes (2004) 32 Cal.4th 432, 443 [ 9 Cal.Rptr.3d 678 , 84 P.3d 366…