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PEOPLE v. COULTER

No. B203329.

163 Cal.App.4th 1117 (2008)

THE PEOPLE, Plaintiff and Respondent, v. JACK HENRY COULTER, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

June 10, 2008.

Attorney(s) appearing for the Case

Steve Pell for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Keith H. Borjon and A. Scott Hayward, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

YEGAN, J.

Here we hold that in accepting a guilty plea, a trial court, with the express or implied consent of the defendant, may put the issue of a factual basis for the plea over to the sentencing hearing. As we shall explain, in this situation the reason for the rule is satisfied and any error in the timing of the inquiry is harmless.

Jack Henry Coulter appeals his convictions by plea of first degree murder (Pen. Code, §...

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