Posted On: November 21, 2011
PLEADING GUILTY BARS AN APPEAL BASED ON LACK OF FACTS TO SUPPORT CHARGES
The defendant pled guilty. He admitted a factual basis for the plea. He then moved to withdraw his plea, on the basis that with respect to two of the victims, there were no facts showing that the sexual acts (on minors) were done by force or duress; if this were true, there would be insufficient evidence on those counts. The California Court of Appeal says that the defendant's plea, especially in light of the admission that there was a factual basis for it, precludes any appellate review of the sufficiency of the evidence.
People v. Voit; 2011 DJ DAR 16727; DJ, 11/21/11; C/A 6th
