Legal Opinion

People v. Coulter

California Court of Appeal

Decided June 10, 2008No. B203329PublishedCited by 3 opinions

1Opinion of the Court

Opinion

YEGAN, J.

— 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), 1 two counts of attempted robbery (§§ 664, 211), and two counts of assault with a firearm (§ 245, subd. (a)(2)). Pursuant to the negotiated…

2Cases cited5 opinions

  1. People v. HoffardCalifornia Supreme Court · 1995
  2. Estate of GilkisonCalifornia Court of Appeal · 1998
  3. People v. HolmesCalifornia Supreme Court · 2004
  4. People v. MarlinCalifornia Court of Appeal · 2004
  5. People v. TignerCalifornia Court of Appeal · 1982

3Cited by3 opinions

  1. People v. LyonsCalifornia Court of Appeal · 2009
  2. People v. NitschmannCalifornia Court of Appeal · 2010
  3. People v. Flores CA2/6California Court of Appeal · 2014

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