People v. Vega CA2/7

INTRODUCTION

Javier Antonio Vega appeals from a judgment after a jury convicted him of one count of possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1)).1 During the trial, Vega stipulated that he previously had been convicted of a felony. Immediately after the trial, Vega stipulated that he had a prior serious felony conviction within the meaning of the three strikes law. Before Vega’s stipulation to the serious felony conviction allegation, the court advised Vega that he had a right to a court or jury trial on the issue of the prior serious felony conviction, which Vega stated he understood and waived. Vega argues that the trial court erred by failing to advise him of his constitutional rights under Boykin v. Alabama (1969) 395 U.S. 238 (Boykin) and In re Tahl (1969) 1 Cal.3d 122 (Tahl), known as Boykin-Tahl advisements, before he stipulated to an element of the charge against him for possession of a firearm as a felon and before he stipulated to the prior serious felony conviction. Because California law does not require the court to give Boykin-Tahl advisements prior to Vega’s first stipulation, and because Vega’s second stipulation was voluntary and…