Safe Havens

Some courts require that a factual basis be established before a guilty plea can be entered.  Some state courts satisfy this requirement by means of a simple stipulation that there exists a factual basis for the plea, without specifying what it is, that is entered into by defense counsel and the prosecution.  Others, such as California, require that the source of the factual basis be identified, such as an offense report, preliminary hearing transcript, and the like.[138]  This requirement is particularly common in federal court.

[138] People v. Holmes, 32 Cal.4th 432 (2004).