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Ballard v. Municipal Court for Southern Judicial District of San Mateo County9/18/1978
ant, although he realizes what he has done, is not sufficiently skilled in law to recognize that his acts do not constitute the offense with which he is charged (1 Wright, Federal Practice and Procedure (1969) § 174, pp. 376-377). Inquiry into the factual basis for the plea ensures that the defendant actually committed a crime at least as serious as the one to which he is willing to plead. "Even assuming, without conceding, that the factual basis requirement should be applied to misdemeanors in this state, the instant record indicates a simple, every day offense. Ballard's responses to the trial court indicate that he understood the charge, which was explained to him as to its nature, date and place. Ballard has not indicated what additional factual basis determination should have been made here.
We turn next to Ballard's contentions predicated on a denial of equal protection and due process issues apparently not raised in Ganyo, supra, 80 Cal. App. 3d 522. Initially, we note that legislative classification
is permissible when made for a lawful state purpose and when the classification bears a rational relationship to that purpose (McGowan v. Maryland, 366 U.S. 420, 425-426 [6 L.Ed.2d 393, 398-399, 81 S.Ct. 1101]). Wide discretion is given to the Legislature in making the classification and every presumption is in favor of the validity of the statute. A legislative classification will not be overthrown unless it is palpably arbitrary (In re Ricky H., 2 Cal. 3d 513 [86 Cal. Rptr. 76, 468 P.2d 204]).
While we recognize that a stricter standard is applied in testing legislation involving "suspect classifications" or "fundamental interests," Ballard has not urged that such a classification is involved here. Ballard makes only a general argument that he is entitled to an inquiry into the factual basis of his plea, like all misdemeanants in the federal system, and plea bargaining felons in the state system. However, he cites no authorities requiring identity in all aspects of state and federal procedure; in fact, given the far greater volume of misdemeanants in the courts of this state, such a requirement is not one that can, or should, be imposed by an intermediate appellate court or imposed retroactively (see Mills v. Municipal Court, supra, 10 Cal. 3d 311). Furthermore, our Supreme Court has recognized that the stark reality of overcrowding in our municipal courts makes strict application of felony procedures to misdemeanor cases untenable and unwise (see Mills, supra, fn. 11, p. 302; In re Johnson, 62 Cal. 2d 325 [42 Cal. Rptr. 228, 398 P.2d 420]). While arguably there is a fundamental interest in a fair criminal procedure, we do not think that there is such an interest in the distinct area of pleading. Accordingly, we will examine the legislative classification here pursuant to the standard of "rational relationship" to a rational purpose (McGowan v. Maryland, supra, 366 U.S. 420).
In an obvious effort to alleviate the strain of a burdened calendar, the Legislature decided certain procedures, such as those outlined in section 1192.5, should be used only in the disposition of felonies. We also cannot ignore the realities of the municipal court and the frequency of violations of Vehicle Code section 23102, subdivision (a). As long as the defendant's constitutional rights are respected, the convenience of the parties and the court should be given considerable weight (In re Johnson, supra, 62 Cal. 2d, p. 336).
We cannot say that the Legislature's purpose or method of achieving it is so unreason
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