Rodriguez

Certified for Partial Publication. [*]

Antonio Rodriguez appeals from a judgment of conviction of violating Penal Code section 12021, [1] subdivision (a), (convicted felon in possession of firearm) following a jury trial in case no. 198690 and from the revocation of probation in case no. 190037.

At the trial in case no. 198690, the defendant stipulated to the fact that on August 14, 1996, he had been convicted of violations of Vehicle Code sections 23153, subdivision (b), and 2800.2, by a plea of no contest and these were felony convictions. Following trial, at the probation hearing held in case no. 190037, the defendant submitted the matter based upon the evidence presented at trial. The court ordered probation to remain revoked with regard to three felony counts.

On appeal, Rodriguez contends that his conviction of a violation of section 12021 and the revocation of probation must be reversed because he did not personally waive his constitutional rights before stipulating regarding his status as a convicted felon. He also argues that the judgment of conviction must be reversed because the reasonable doubt instruction was constitutionally defective. Finally, he…