People v. Rogers CA3

FACTS

On the written plea form, defendant agreed that the trial court could consider the “Police report” as proof of the factual basis of the plea. During the plea colloquy, the prosecutor clarified that the “factual basis comes from Yuba County Sheriff’s Office report 13-3619.” The stipulated factual basis did not include a September 30, 2013, peace officer’s affidavit of probable cause to detain defendant. The prosecutor stated, and defense counsel stipulated to, the following factual basis for the plea. “[T]he first kiss,” occurred sometime between July 30, 2013, and August 10, 2013. Defendant, age 21, kissed E. M., a 13-year-old child, with the intent to arouse, appeal to, or gratify his or the child’s lust, passion, or sexual desire. They had a dating relationship for approximately one month and kissed as part of that relationship. The communicating charge occurred between July 30, 2013, and August 25, 2013. Defendant communicated with E. M. by text message or “Facebook” message to solicit E. M. to engage in a lewd act. In her report, the probation officer summarized Yuba County Sheriff’s Office report 13-3619 as follows:

People v. Harvey (1979) 25 Cal.3d 754. Harvey…