P.

P. v. Sims CA2/5

Good Law
Court of Appeal of CaliforniaMay 31, 2013B243961California1,302 words

Opinion

Opinion

I. INTRODUCTION

A jury convicted defendant, Elizabeth Sims, of phencyclidine possession for sale (Health & Saf. Code, § 11378.5) and cocaine base possession (Health & Saf. Code, § 11350, subd. (a)). She was sentenced to six years in state prison. Defendant contends the trial court failed to adequately advise her of her constitutional rights before accepting her admission of a prior conviction. We find that under the totality of the circumstances defendant’s admission of her prior conviction was knowing and intelligent. We modify the oral pronouncement of judgment as to assessments. We affirm the judgment in all other respects.

II. PROCEDURAL FACTS

The information alleged defendant had a prior serious or violent felony conviction within the meaning of Penal Code sections 667, subdivisions (b) through (i) and 1170.12. Trial on the prior conviction allegation was bifurcated. After the jurors commenced deliberation, defendant waived her right to a jury trial on the prior conviction allegation. Prior to the waiver, the trial court advised defendant of her right to a jury trial, but not her rights to confront witnesses and remain silent: “The Court: On the record, does Ms. Sims want…

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