Balderrama

People v. Balderrama

Good Law
1990 Cal. App. LEXIS 623·221 Cal. App. 3d 282·270 Cal. Rptr. 432
Court of Appeal of CaliforniaJune 14, 1990No. D009680California1,821 words

Opinion

Lead Opinion

Kremer, J.

Rogelio Balderrama was convicted by a jury of burglarizing a residence (Pen. Code, 2 § 459). He admitted he had a prior serious felony conviction (§§ 667, subd. (a), 1192.7, subd. (c)(l)(18)). On appeal, Balderrama contends the court failed to adequately advise him of his constitutional privilege against self-incrimination and his right of confrontation *284 before accepting his admission of the prior serious felony conviction. He also contends the court relied on improper factors to justify imposing a consecutive sentence. We agree the trial court failed to give Balderrama a sufficient advisement of his constitutional rights before accepting his admission and therefore reverse and remand on that issue. Otherwise, we affirm.

Discussion

I

Sufficiency of Advisements

When a trial court accepts a guilty plea, “the record must contain on its face direct evidence that the accused was aware, or made aware, of his right to confrontation, to a jury trial, and against self-incrimination, . . .” (In re Tahl (1969) 1 Cal.3d 122, 132 [ 81 Cal.Rptr. 577 , 460 P.2d 449 ], cert, den. 398 U.S. 911 [ 26 L.Ed.2d 72 , 90 S.Ct. 1708 ], italics in original.) These admonitions are…

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