Gaines
Gaines v. Adams
Opinion
Lead Opinion
MEMORANDUM **
The trial court did not violate Gaines’s constitutional rights by failing to obtain a factual basis for his guilty plea. See McCarthy v. United States, 394 U.S. 459, 464 , 89 S.Ct. 1166 , 22 L.Ed.2d 418 (1969) (stating that the procedures embodied in Federal Rule of Criminal Procedure 11 have not been held to be constitutionally mandated); see also United States v. Newman, 912 F.2d 1119, 1120 (9th Cir.1990) (rejecting argument that federal constitution mandates the taking of the factual basis of a guilty plea). Moreover, the trial court properly advised Gaines of the direct consequences of his guilty plea; Gaines had no reasonable expectation of being sentenced anywhere other than state prison.
The California Court of Appeal did not unreasonably apply Supreme Court precedent when it concluded that Gaines knowingly and voluntarily waived any right to challenge his guilty plea on double jeopardy grounds. Gaines informed the court that he had sufficient time to cover the consequences of his guilty plea with trial counsel. He then responded affirmatively when asked if he was willing to waive any “654 or pleading difficulties.”