P.

P. v. Dunn CA4/1

Good Law
Court of Appeal of CaliforniaApril 18, 2013D062172California2,039 words

Opinion

Opinion

STATEMENT OF FACTS

Since Dunn does not challenge either the admissibility or the sufficiency of the

evidence to support his conviction, we need only offer a brief summary of the offense.

It is sufficient to note that Dunn committed a robbery of a Kentucky Fried Chicken

restaurant using a knife as a weapon.

DISCUSSION

I

ADMISSION OF THE PRIOR CONVICTIONS

Dunn contends the trial court erred in failing to obtain a proper waiver of Dunn's

trial rights regarding the prior convictions before accepting his admissions. He argues the

record is silent as to the waiver of his rights and thus his admission of the alleged prior

convictions should be vacated and the case remanded. Our review of the record

demonstrates this is not a "silent record case" and that under current case law there is

2 sufficient information in the record to establish Dunn's decision to admit the prior

convictions was knowing and voluntary.

While we will affirm the admission of the priors, we will again lament yet another

appeal where the investment of a very few minutes to obtain a clear waiver from the

defendant would have avoided the time and costs of a challenge to the admission of…

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