People v. Holmes

Although defendant was charged with four separate crimes, a nolo contendere plea was offered on two of the crimes and accepted by the court because it was represented to the court that defendant had no memory of the events surrounding the charged crimes. Unlike a guilty plea where the defendant must present a factual recitation of the events to permit a trial court to accept the plea, the court in a nolo contendere plea is proscribed from asking the defendant about the alleged crime. MCR 6.101(F)(3)(b). The "factual basis” for the plea referred to in the majority opinion was provided in some…