Lizarraga

People v. Lizarraga

Good Law
118 Cal. Rptr. 208·1974 Cal. App. LEXIS 1358·43 Cal. App. 3d 815
Court of Appeal of CaliforniaDecember 11, 1974Crim. 7557California2,190 words

Opinion

Opinion

Friedman, J.

An amended information charged defendant with selling heroin (Health & Saf. Code, § 11352) and also charged a prior conviction of the same offense. Represented by counsel, defendant waived a jury trial, and a date was set for trial before the court, sitting without a jury. On the trial date he appeared and, through counsel, expressed readiness to admit the prior conviction. He was then tried and found guilty. He appeals from the judgment.

Defendant charges constitutional infirmity of the trial court’s recitation of the rights he was waiving by admitting the prior conviction. We review the trial court’s recitation in the light of the general rule that an intelligent and effective admission of a prior conviction does not occur unless the trial court “specifically and expressly” informs a defendant that his admission is a waiver of three constitutional privileges—the privilege against self-incrimination, the right to trial by jury and the right to confront one’s accusers. (In re Yurko, 10 Cal.3d 857, 861-863 [ 112 Cal.Rptr. 513 , 519 P.2d 561 ]; In re Foss, 10 Cal.3d 910, 930 [ 112 Cal.Rptr. 649 , 519 P.2d 1073 ].) Additionally, the court must inform the defendant of the…

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