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People v. Marlin11/30/2004
done so, there would have been no collision. And, there can be no doubt those same actions were a substantial factor that contributed to the accident. This is not a case where defendant's acts were so remote that Jeanette A.'s actions or failures, had they been established, would have been deemed the sole proximate cause of the collision. (See People v. Lett (1947) 77 Cal.App.2d 917, 921, 177 P.2d 47.)
*8 Given the above, defendant's effort to defend against the charges based on Jeanette A.'s actions or failures would necessarily have been in vain. Defendant's claim of ineffective assistance of counsel for counsel's failure to investigate the condition of Jeanette A.'s car and the quality of her driving, must fail because his attorney cannot be considered ineffective for refusing to investigate and present a defense that, as a matter of law, was bound to fail.
Because defendant could not have established ineffective assistance of counsel, the trial court would not have abused its discretion in denying a motion for a continuance made on those grounds. Ultimately, defendant would have gained no benefit from a motion to continue the proceedings to obtain new counsel. Thus, the fact that the trial court did not advise defendant he could make a motion to continue the proceedings to obtain new counsel is of no consequence.
All things considered, there was no error in the court's denial of defendant's post-plea applications.
III
The Factual Basis for the Plea
Defendant next contends no sufficient factual basis supports his plea, requiring the plea be set aside. He claims the preliminary hearing transcript shows at most he was driving under the influence, caused the accident, and an unborn human fetus died as a result, but fails to support a finding of either express or implied malice.
Pursuant to section 1192.5, the trial court is obligated to determine whether there is a factual basis for a plea of guilty or no contest when that plea arises from a negotiated resolution of the charges. (See People v. Hoffard, supra, 10 Cal.4th at p. 1182, 43 Cal.Rptr.2d 827, 899 P.2d 896.) Although not constitutionally required (id. at p. 1183, 43 Cal.Rptr.2d 827, 899 P.2d 896), such an inquiry furthers constitutional considerations attending a guilty plea (id. at p. 1183, fn. 11, 43 Cal.Rptr.2d 827, 899 P.2d 896), protects against the entry of a guilty plea by an innocent defendant, and makes a record in the event of appellate or collateral attacks on that plea. (Id. at p. 1183, 43 Cal.Rptr.2d 827, 899 P.2d 896.) Given these significant policy considerations, a failure to make a sufficient inquiry, while not a constitutional or jurisdictional requirement, is one of the "other" grounds going to the legality of the proceedings in the trial court. Even though a defendant may in fact be guilty of the offense to which he pleads guilty, given the policy considerations underlying the intent behind section 1192.5, an adequate inquiry into the factual basis for the plea addresses broader issues such as the voluntariness of the plea and a knowing decision to plead guilty. A sufficient factual inquiry must be considered a necessary component of the legality of the proceedings. To decide otherwise would preclude review of the factual basis for a plea of guilty or no contest thereby frustrating the policies the statute is intended to advance. Thus, defendant's claim that the factual inquiry undertaken here was insufficient is, after issuance of a certificate of probable cause, cognizable on appeal.
*9 Although section 1192.5 requires the trial court to satisfy itself there is a factual basis for the plea, this can be done by having the defendant describe the conduct or answer questions, by detailing a factual basis, or by having defense counsel
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