Knight

As pertinent, defendant Booker Thomas Knight was charged by information with violation of Health and Safety Code section 11350, subdivision (a) (possession of a controlled substance).

Defendant agreed to submit his guilt or innocence to the court on the basis of the transcript of the preliminary hearing. The trial court found defendant guilty as charged.

On appeal, defendant first contends the trial court did not adequately advise him of his right against self-incrimination.

Where submission upon the preliminary hearing transcript is tantamount to a plea of guilty, a defendant must be advised he is giving up his right against self-incrimination. (People v. Levey (1973) 8 Cal.3d 648, 652 [ 105 Cal.Rptr. 516 , 504 P.2d 452 ]; see People v. Wright (1987) 43 Cal.3d 487, 493 [ 233 Cal.Rptr. 69 , 729 P.2d 260 ]; Bunnell v. Superior Court (1975) 13 Cal.3d 592, 605 [ 119 Cal.Rptr. 302 , 531 P.2d 1086 ].) Here, the trial court found the submission was tantamount to a plea of guilty and the People properly concede the submission was a “slow plea.”

Defendant was not expressly advised he would be waiving his right against self-incrimination by submitting the case upon the…