The Right To Bring A Motion Under Section 1473.7
The People V. Palmer (2013) Decision
The Palmer decision issued late in 2013 builds on the established case law mentioned above. The court in Palmer notes that the rule established in Holmes observed that CA Penal Code 1192.5 requires an inquiry to be made of the defendant by a stipulation by counsel to the plea’s factual basis is consistent with the legislative purpose of the statute. While the defendant may not be in a position to recognize whether his acts do or do not constitute the offense with which he is charged. Defense counsel is well suited to make such a determination. The Palmer court recognized a better approach is for the defendant’s attorney to reference or stipulate a report in the court’s file. The court noted that the report or document should contain facts that provide an adequate factual basis. The decision in Palmer makes clear that the inclusion of such a document is desirable since it eliminates any uncertainty regarding the existence of a factual basis, the trial court satisfies its statutory duty by accepting a stipulation from counsel that a factual basis for the plea exists without also requiring counsel to recite facts or refer to a document in the record. In other words, the Palmer decision established that if the defendant’s attorney stipulates then that is enough to satisfy Penal Code Section 1192.5.