People v. Voit
200 Cal. App. 4th 1353
| Cal. Ct. App. | 2011Background
- Voit, age 51, pled no contest to six counts of lewd and lascivious conduct involving three boys under 14, under amended information removing One Strike and imposing six consecutive midterms for a total of 36 years.
- Amended information converted counts to 288(b)(1) with force/duress allegations; dropped 667.61 but kept substantial sexual conduct enhancements.
- Plea colloquy included defense counsel’s stipulation that a factual basis existed, based on the preliminary hearing transcript and police reports.
- Voit later sent a letter requesting substitute counsel and withdrawal of his pleas; Marsden hearing held in prosecutor’s absence; motions denied and 36-year sentence imposed.
- Voit obtained a certificate of probable cause and appealed challenging the sufficiency of the factual basis for counts 1–4; trial court also corrected fines and penalties on appeal.
- Court ultimately held that Voit is estopped from contending there was no factual basis and modified the fines/penalties to comply with statutory constraints, affirming the judgment as modified.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellate review of the factual basis for Voit’s pleas is allowed after stipulation | Voit contends there was no factual basis for counts 1–4 | Estoppel prevents review of the factual basis despite any later change in position | Estopped; no substantive review of the plea’s factual basis on appeal |
| Whether the fines and penalties were correctly imposed and can be reduced | Penalty assessments should reflect the applicable law at the time of crime and be properly calculated | Some penalties retroactively applied; excessive amounts | Fine reduced to $300 and total penalty to $675; judgment affirmed as modified |
Key Cases Cited
- People v. Holmes, 32 Cal.4th 432 (2004) (requirements of section 1192.5 factual-basis inquiry; voluntary pleas)
- People v. Westbrook, 43 Cal.App.4th 220 (1996) (estoppel/preclusion when stipulating to factual basis of plea)
- People v. Marlin, 124 Cal.App.4th 559 (2004) (inquiry into factual basis; consideration of whether merits can be reached when challenge to basis is raised post-plea)
- People v. Hoffard, 10 Cal.4th 1170 (1995) (felony-plea voluntariness; necessity of factual basis inquiry; limits of appeal after plea)
- People v. DeVaughn, 18 Cal.3d 889 (1977) (plea serves as evidence and narrows appellate review; limitations after guilty/no contest plea)