Can a defendant plead guilty or no contest to an uncharged offense or an offense that is not necessarily included in the charged offense?

California, United States of America


The following excerpt is from People v. Welch, B300338 (Cal. App. 2020):

9. West allows a court to accept a plea of guilty or no contest to an uncharged offense or an offense that is not necessarily included in a charged offense notwithstanding the general rule that, when a defendant pleads not guilty, the court lacks jurisdiction to convict him or her of an offense that is neither charged nor necessarily included in the alleged crime. (West, supra, 3 Cal.3d at pp. 612-613.) In addition, a West plea "allows a defendant to plead guilty in order to take advantage of a plea bargain while still asserting his or innocence." (People v. Rauen (2011) 201 Cal.App.4th 421, 424.)

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