Davis

Glen Ray Davis was charged with robbery (Pen. Code, § 211) in count I, attempted robbery (§§ 664, 211) in count II, and possession of a concealable firearm by an ex-felon (§ 12021) in counts III and IV. In conjunction with counts I and II, it was alleged defendant personally used a firearm (§§ 12022.5, 1203.06, subd. (a)(1)(iii).) Three prior felony convictions were also alleged, including an armed robbery in 1971 which was alleged to be a violent felony under section 667.5, subdivision (a). Defendant agreed to submit count II on the transcript of the preliminary hearing and waived his right to a jury trial. The court found him guilty of attempted robbery with personal use of a firearm and also found the allegation pertaining to the 1971 robbery to be true. The remaining counts and allegations were dismissed and stricken respectively. Defendant appeals his judgment of conviction.

We conclude that under Bunnell v. Superior Court (1975) 13 Cal.3d 592 [ 119 Cal.Rptr. 302 , 531 P.2d 1086 ], the failure of the court to advise the defendant of his privilege against self-incrimination and obtain his express waiver before submitting the matter on the preliminary hearing…