McGuire

Pursuant to a negotiated disposition, defendant and appellant Dennis V. McGuire (appellant) pleaded guilty in the municipal court to being an ex-felon in possession of a firearm (Pen. Code, § 12021). Two other charges and an allegation of a prior felony conviction were dismissed. A condition of the plea was that appellant would be sentenced to state prison for the lower term of 16 months. The superior court sentenced appellant to 16 months in accordance with the negotiated disposition.

Appellant contends that his motion to withdraw the guilty plea should have been granted because the municipal court failed to comply with the provisions of Penal Code section 1192.5 relating to the factual basis for the plea. This contention lacks merit.

The relevant portions of section 1192.5 are as follows: “Upon a plea of guilty or nolo contendere to an accusatory pleading charging a felony .... [(j[] The court shall also cause an inquiry to be made of the defendant to satisfy itself that the plea is freely and voluntarily made, and that there is a factual basis for such plea.”

Herein the record reveals that before the municipal court accepted appellant’s plea, he was advised of the…

Appellant contends that his motion to withdraw his guilty plea should have been granted by the trial court because the generalized stipulation by the prosecution and the defense counsel that there was a factual basis for the plea was inadequate to satisfy the requirements of Penal Code section 1192.5 (section 1192.5). I agree and thus respectfully dissent.

The relevant portion of section 1192.5 requires that: “Upon a plea of guilty or nolo contendere to an accusatory pleading charging a felony .... [f] The court shall also cause an inquiry to be made of the defendant to satisfy itself that the plea is freely and voluntarily made, and that there is a factual basis for such plea.”

In the case at bar, the following colloquy occurred: “[The Court]: Will you stipulate that there is a factual basis for this plea? [][] [Defense Counsel]: So stipulated, [f] [Prosecutor]: So stipulated, Your Honor.” The issue before this court is whether that conversation fulfills the trial court’s statutory duty to cause an inquiry of the defendant to satisfy itself that there is a factual basis for the plea.

The first case to construe the above quoted language of section 1192.5 was People v. Watts…

Pursuant to a negotiated disposition, defendant and appellant Dennis V. McGuire (appellant) pleaded guilty in the municipal court to being an ex-felon in possession of a firearm (Pen. Code, § 12021). Two other charges and an allegation of a prior felony conviction were dismissed. A condition of the plea was that appellant would be sentenced to state prison for the lower term of 16 months. The superior court sentenced appellant to 16 months in accordance with the negotiated disposition.

(1) Appellant contends that his motion to withdraw the guilty plea should have been granted because the municipal court failed to comply with the provisions of Penal Code section 1192.5 relating to the factual basis for the plea. This contention lacks merit.

The relevant portions of section 1192.5 are as follows: "Upon a plea of guilty or nolo contendere to an accusatory pleading charging a felony.... [¶] The court shall also cause an inquiry to be made of the defendant to satisfy itself that the plea is freely and voluntarily made, and that there is a factual basis for such plea."

Herein the record reveals that before the municipal court accepted appellant's plea, he was…