Rowland

Defendant Avila Dale Rowland was charged with one count of murder in violation of Penal Code section 187. It was further alleged that in the commission of the murder defendant used a deadly and dangerous weapon (Pen. Code, § 12022, subd. (b)), and that he had served one prior prison term for conviction of a felony. (Pen. Code, § 667.5, subd. (a).) Defendant agreed to submit the question of his guilt or innocence to the trial court for determination based upon the evidence presented at the preliminary hearing. The prosecutor then moved to strike the allegations of the use of a deadly weapon and of a prior conviction. The trial court found defendant to be guilty of first degree murder, and sentenced him to state prison for the term provided by law.

Defendant appeals contending: (1) the trial court failed to ascertain that he understood the nature of the charges against him and his right to present evidence on his own behalf before accepting the stipulation that the matter be submitted on the preliminary examination transcript; (2) the evidence is insufficient to support a conviction for first degree murder; and (3) he is entitled to conduct credits for time served prior to…