California

Criminal Procedure

Criminal Procedure

Rule 4.320 – Records of criminal convictions (Gov. Code, Sections 69844.5, 71280.5)

(a) Information to be submitted

In addition to the information that the Department of Justice requires from courts under Penal Code section 13151, each trial court must also report, electronically or manually, the following information, in the form and manner specified by the Department of Justice:

(1) Whether the defendant was represented by counsel or waived the right to counsel; and
(2) In the case of a guilty or nolo contendere plea, whether:

(A) The defendant was advised of and understood the charges;
(B) The defendant was advised of, understood, and waived the right to a jury trial, the right to confront witnesses, and the privilege against self-incrimination; and
(C) The court found the plea was voluntary and intelligently made.

For purposes of this rule, a change of plea form signed by the defendant, defense counsel if the defendant was represented by counsel, and the judge, and filed with the court is a sufficient basis for the clerk or deputy clerk to report that the requirements of (2) have been met.

(b) Certification required

The reporting clerk or a deputy clerk must certify that the report submitted to the Department of Justice under Penal Code section 13151 and this rule is a correct abstract of the information contained in the court’s records in the case.

Cal. R. Ct. 4.320

Rule 4.320 amended effective January 1, 2007; adopted as rule 895 effective July 1, 1998; previously amended and renumbered effective January 1, 2001.