Robles

Over the objection of counsel, James Alex Robles personally admitted violating probation and requested that sentence be immediately imposed on his conviction for failing to register as a sex offender. (Pen. Code, § 290, subd. (a)(1)(A).) The trial court sentenced him to three years four months in state prison. He appeals, contending that the trial court erred in denying defense counsel’s request for an evidentiary hearing on the issue of whether he was in violation of probation. We hold that a defendant has a personal and fundamental right to admit a probation violation even if his attorney disagrees with the decision to do so.

Procedural and Factual History

In 2004, appellant plead guilty to failing to register as a sex offender and admitted two prior prison term enhancements (§ 667.5, subd. (b)). The trial court treated appellant leniently. It suspended imposition of sentence and granted probation on condition that he serve 210 days in county jail.

Appellant admitted violating probation on May 11, 2005. The probation report recommended state prison. The trial court again treated appellant leniently, revoked and then reinstated probation on condition that he serve 60…