Romanoski

Alex Romanoski appeals from a judgment of conviction on two counts of burglary. (Pen. Code, § 459.)

Both the hearing on the motion to suppress evidence and subsequent trial were based on the preliminary hearing transcript. After the preliminary hearing but before trial, appellant agreed to waive his right to a jury trial in exchange for the guarantee that he would be convicted of at most two counts of no more than second degree burglary and sentenced to a maximum three years in prison. Pursuant to this agreement, the remaining three counts were dismissed.

On appeal, appellant claims that he did not expressly waive his privilege against self-incrimination, right to trial by jury, or right of confrontation upon submission of his case on the preliminary hearing transcript as required by Bunnell v. Superior Court (1975) 13 Cal.3d 592 [ 119 Cal.Rptr. 302 , 531 P.2d 1086 ]. Respondent concedes that appellant did not waive his privilege against self-incrimination. This error alone requires reversal of the judgment. (People v. Davis (1980) 103 Cal.App.3d 270, 275 [ 163 Cal.Rptr. 22 ].)

Because of appellant’s possible retrial, we will address additional issues as presented by…