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Ballard v. Municipal Court for Southern Judicial District of San Mateo County9/18/1978
able as to lack all rational basis. We conclude, therefore, that the present classification of the 1974 amendment of Penal Code section 1192.5, which does not require a factual basis determination for
misdemeanor defendants, does not violate either the equal protection clause of the state Constitution (cf. Brown v. Superior Court, 5 Cal. 3d 509, 520 [96 Cal. Rptr. 584, 487 P.2d 1224]), or that of the Fourteenth Amendment of the United States Constitution.
Ballard's due process argument is not persuasive. The record indicates that he was informed of his rights but chose to waive them and plead guilty. All of the requirements of Mills v. Municipal Court, supra, 10 Cal. 3d 288, were met. We cannot agree with Ballard's proposition that due process requires the court to scrutinize his plea for its factual basis. "As applied to criminal matters, due process generally includes notice [citation], presence and a hearing [citation], and representation by counsel [citation]." (People v. Youngs, 23 Cal. App. 3d 180, 184 [99 Cal. Rptr. 901].) All of these rights would have been afforded to Ballard if he had chosen to attack his 1975 conviction directly.
Affirmed
Disposition
Affirmed.
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