Is a guilty plea barred by statute?

California, United States of America

The following excerpt is from People v. Reza, 152 Cal.App.3d 647, 199 Cal.Rptr. 664 (Cal. App. 1984):

[152 Cal.App.3d 652] A guilty plea is barred by statute in several situations. Penal Code section 1018 precludes a defendant charged with a capital offense from pleading guilty without the consent of his counsel. (People v. Chadd, supra, 28 Cal.3d 739, 754-755, 170 Cal.Rptr. 798, 621 P.2d 837.) "Even in noncapital cases the state has properly circumscribed the right to plead guilty in order to protect defendants against the consequences of their own folly or neglect. Thus even an undoubtedly intelligent and voluntary guilty plea made by a defendant represented by counsel cannot be accepted until the court has satisfied itself by an evidentiary hearing that 'there is a factual basis for such a plea.' (Pen.Code, 1192.5, 3d par.)" (Id., at p. 751, fn. 8, 170 Cal.Rptr. 798, 621 P.2d 837.)

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