Is there a prima facie factual basis for criminal charges?

California, United States of America


The following excerpt is from People v. Belluomini, F063046 (Cal. App. 2012):

The record here admits of the possibility that there existed facts, of which counsel was aware, that constituted a prima facie factual basis for the charges. If that was the case, counsel reasonably could have concluded it would have been pointless to pursue an appellate challenge to the court's failure to conduct the required factual basis inquiry because success on appeal would have done no more than lead to a proceeding at which the factual basis easily could have been established. It is settled that "counsel is not required to make futile motions or to indulge in idle acts to appear competent." (People v. Torrez (1995) 31 Cal.App.4th 1084, 1091.)

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