Cross

-Penal Code section 273.5 defines various domestic violence crimes. Defendant Joshua Cross was charged with felony infliction of corporal injury in violation of section 273.5, subdivision (a) (hereafter section 273.5(a)). The information further alleged that Cross had suffered a prior conviction under section 273.5. At trial, Cross stipulated to the prior conviction, and the trial court accepted the stipulation without advising Cross of any trial rights or eliciting his waiver of those rights. The jury found Cross guilty of the charged offense under section 273.5(a) and also found true the prior conviction allegation. As provided in section 273.5, former subdivision (e) (now § 273.5, subd. (f)), Cross’s prior conviction exposed him to a prison term of two, four, or five years instead of two, three, or four years. The trial court sentenced Cross to the maximum term of five years.

On appeal, Cross argues that, because his unwarned stipulation to the prior conviction had the direct consequence of subjecting him to a longer prison term, the stipulation was invalid under In re Yurko (1974) 10 Cal.3d 857 [ 112 Cal.Rptr. 513 , 519 P.2d 561 ] (Yurko). We agree and therefore…