In what circumstances will a defendant plead guilty to a crime charged or to any other crime under California Evidence Code section 1153.4?

The February 21 and March 28 conversations never involved a potential plea to any of the offenses or allegations ultimately charged in this case. Defendants argument to the contrary relies on the reference to their earlier exploration of a 50-year non-life sentence. Levine promptly rejected that option and defendants never again alluded to it. Nonetheless they continued to disclose information about other offenses. Defendants contend that because they were seeking resolution of "aspects" of the case, specifically restitution, this court should read Evidence Code section 1153 and section 1192.4 broadly and accord them the benefit of the exclusionary rule. We decline the invitation. Defendants would not plead to a death sentence and the prosecutor would offer nothing less. The public policy embodied in section 1192.4 and Evidence Code section 1153, which favors "the settlement of criminal cases without the necessity of a trial" ( People v. Wilson , supra , 60 Cal.2d at p. 156, 32 Cal.Rptr. 44, 383 P.2d 452 ), would not have been furthered by exclusion of statements made here. Their admission was not improper. At no point in any of the conversations did either defendant actually make, or engage in negotiations that would have led to their making, "an offer to plead guilty to the crime charged or to any other crime," as provided in Evidence Code section 1153. (Italics added.) Their revelations of guilt for other, uncharged crimes to reduce their obligations to pay restitution and maximize their in-prison spending ability do not bring them within the statute.

[243 Cal.Rptr.3d 869]